Elliott v. Department of Veterans Affairs

Filing 5

ORDER DENYING LEAVE TO FILE AMENDED COMPLAINT. Signed by Judge William Alsup on 1/9/12. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 1/9/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. 11 - misc. - 80237 WHA (PR)
ORDER DENYING LEAVE TO FILE
AMENDED COMPLAINT

Plaintiff,
For the Northern District of California

United States District Court

VANCE S. ELLIOTT,
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v.
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DEPARTMENT OF VETERANS
AFFAIRS,
Defendant.
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In an order filed on February 15, 2006, plaintiff was deemed a vexatious litigant
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(No. C 04-1600 MHP (docket number 36)). As such, he is required to obtain leave before
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he may file any new complaint. The complaint in this action asserted a claim of libel. He
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was denied leave to file the complaint because it did not state a cognizable claim for relief
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or any basis for federal subject matter jurisdiction. He has submitted an amended
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complaint, also for libel, which still does not set forth any basis for federal subject matter
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jurisdiction. Accordingly, leave to file the amended complaint is DENIED.
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IT IS SO ORDERED.
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Dated: January

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, 2012.

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G:\PRO-SE\WHA\ELLIOTT.misc.wpd

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE