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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 THOMAS HARDIMAN, 9 Plaintiff, v. 11 For the Northern District of California United States District Court 10 No. C-13-80001 MISC EMC HOWARD ATKINS, 12 ORDER DISMISSING COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION Defendants. ___________________________________/ 13 14 15 Plaintiff in this case has filed a “Written Request for Verification of Debt” concerning 16 certain real property located in Larkspur, California Docket No. 1. This request is not in the form 17 of a complaint, and it appears to be addressed to the Defendant, who is the CFO of Wells Fargo 18 Bank, N.A., rather than to the Court. No formal complaint has been filed. While Plaintiff writes in 19 the request that he may file a civil action if Defendant does not comply with certain requests under 20 the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq., and the Real Estate Settlement 21 Procedures Act, 12 U.S.C. §§ 2601 et seq., Plaintiff does not appear to allege any current violations 22 of either law. 23 Under the doctrine of ripeness, federal courts lack subject matter jurisdiction to hear cases 24 that are “premature for review because the plaintiff’s purported injury is too speculative and may 25 never occur.” Chandler v. State Farm Mut. Auto. Ins. Co., 598 F.3d 1115, 1122 (9th Cir. 2010). As 26 this Court can discern no ripe controversy from the face of Plaintiff’s filings, this case is hereby 27 DISMISSED. 28 1 If Plaintiff wishes to file a formal complaint in this matter, he is advised that any complaint 2 must comply with Rule 8 of the Federal Rules of Civil Procedure, which requires that a plaintiff 3 provided “a short and plain statement of the grounds for the court’s jurisdiction” and “a short and 4 plain statement of the claim showing that [he] is entitled to relief.” 5 For Plaintiff’s benefit, the Court directs his attention to the Handbook for Pro Se Litigants, 6 which is available along with further information for the parties on the Court’s website located at 7 http://cand.uscourts.gov/proselitigants. Plaintiff may also contact the Legal Help Center, 450 8 Golden Gate Avenue, 15th Floor, Room 2796, Telephone No. (415) 782–9000 extension 8657, for 9 free legal advice regarding his claims. 11 For the Northern District of California United States District Court 10 IT IS SO ORDERED. 12 13 Dated: January 16, 2013 14 _________________________ EDWARD M. CHEN United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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