Hardiman et al

Filing 8

ORDER Dismissing Complaint. Signed by Judge Edward M. Chen on 1/16/2013. (Attachments: # 1 Certificate of Service).(emcsecS, COURT STAFF) (Filed on 1/16/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THOMAS HARDIMAN,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C-13-80001 MISC EMC

HOWARD ATKINS,

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ORDER DISMISSING COMPLAINT
FOR LACK OF SUBJECT MATTER
JURISDICTION

Defendants.
___________________________________/

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Plaintiff in this case has filed a “Written Request for Verification of Debt” concerning

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certain real property located in Larkspur, California Docket No. 1. This request is not in the form

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of a complaint, and it appears to be addressed to the Defendant, who is the CFO of Wells Fargo

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Bank, N.A., rather than to the Court. No formal complaint has been filed. While Plaintiff writes in

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the request that he may file a civil action if Defendant does not comply with certain requests under

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the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq., and the Real Estate Settlement

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Procedures Act, 12 U.S.C. §§ 2601 et seq., Plaintiff does not appear to allege any current violations

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of either law.

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Under the doctrine of ripeness, federal courts lack subject matter jurisdiction to hear cases

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that are “premature for review because the plaintiff’s purported injury is too speculative and may

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never occur.” Chandler v. State Farm Mut. Auto. Ins. Co., 598 F.3d 1115, 1122 (9th Cir. 2010). As

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this Court can discern no ripe controversy from the face of Plaintiff’s filings, this case is hereby

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DISMISSED.

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If Plaintiff wishes to file a formal complaint in this matter, he is advised that any complaint

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must comply with Rule 8 of the Federal Rules of Civil Procedure, which requires that a plaintiff

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provided “a short and plain statement of the grounds for the court’s jurisdiction” and “a short and

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plain statement of the claim showing that [he] is entitled to relief.”

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For Plaintiff’s benefit, the Court directs his attention to the Handbook for Pro Se Litigants,

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which is available along with further information for the parties on the Court’s website located at

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http://cand.uscourts.gov/proselitigants. Plaintiff may also contact the Legal Help Center, 450

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Golden Gate Avenue, 15th Floor, Room 2796, Telephone No. (415) 782–9000 extension 8657, for

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free legal advice regarding his claims.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: January 16, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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