Elliott v. Department of Veterans Affairs

Filing 3

ORDER DENYING LEAVE TO FILE COMPLAINT re 1 Received Document filed by Vance S. Elliott. Signed by Judge Alsup on October 11, 2011. (whalc1, COURT STAFF) (Filed on 10/11/2011) (Additional attachment(s) added on 10/11/2011: # 1 Certificate of Service) (wsn, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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No. C 11-80237 WHA

VANCE S. ELLIOTT,
Plaintiff,
v.

ORDER DENYING LEAVE
TO FILE COMPLAINT

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THE DEPARTMENT OF
VETERANS AFFAIRS,

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Defendant.
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By order filed February 15, 2006, Judge Marilyn Hall Patel of this district deemed

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plaintiff a vexatious litigant (No. C 04-1600 MHP Dkt. No. 36). He is required to obtain leave of

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court before filing any new complaint related to claims in that action. The instant complaint

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asserts libel based on a general statement allegedly printed on VA Form 27-0509. The statement

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does not mention plaintiff personally.

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To the extent the complaint is incomprehensible, the Court is unable to determine whether

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the allegations here are related to those previously asserted by plaintiff. To the extent the

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complaint is comprehensible, it does not state a cognizable claim for relief or a basis for

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exercising federal subject matter jurisdiction. Leave to file the complaint is DENIED. The Clerk

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SHALL CLOSE THE FILE.

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IT IS SO ORDERED.

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Dated: October 11, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE