Dei v. U.S. Government

Filing 13

ORDER DISMISSING CASE (Illston, Susan) (Filed on 6/18/2012)

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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. 12-2178

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United States District Court
For the Northern District of California

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MALLEUS DEI,

ORDER DISMISSING CASE
Plaintiff,

v.

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UNITED STATES GOVERNMENT,

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Defendants.
___________________________________/

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On May 1, 2012, plaintiff “Malleus Dei” filed a complaint related to alleged “war crimes”

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committed by defendant United States Government. Along with his complaint, plaintiff filed an

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application to proceed in forma pauperis (“IFP”). Pursuant to 28 U.S.C. § 1915(e)(2), a court may deny

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IFP status if it appears from the face of the proposed complaint that the action is frivolous or without

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merit. O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990). On May 21, 2012, Judge White, who was

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then assigned to this case, denied plaintiff’s IFP application and dismissed plaintiff’s complaint for

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failure to state a claim for relief. See May 21, 2012 Order, dkt. 7, at 2. Judge White allowed plaintiff

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to file an amended complaint by June 15, 2012, but warned that “failure to file a cognizable legal claim

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by this date shall result in dismissal of this action with prejudice.” Id. On June 7, 2012, this Court

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related the case to two cases currently before the undersigned judge, Robin Hood v. U.S. Government,

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et al., Case Nos. 12-1542 and 12-1788.

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The only filing plaintiff has made in this case was also filed in the related cases, and is entitled

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“Declaration of (1443 Defendant)/Plaintiff to Incorporate and Separate actions as to hold All Intellectual

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Property rights too such actions.” See dkt. 11, filed June 13, 2012. This filing does not cure the defects
of plaintiff’s original complaint in this case; it does not even address the complaint in this case. Because

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plaintiff has failed to file an amended complaint that states a cognizable legal claim as required by the

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May 21, 2012 Order, this case is DISMISSED WITH PREJUDICE.

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The clerk shall close the file.

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IT IS SO ORDERED.

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Dated: June 18, 2012

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SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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