Wallace

Filing 3

ORDER FOR CLERK OF COURT TO REASSIGN MATTER WITH REPORT AND RECOMMENDATION. Signed by Judge Maria-Elena James on 12/15/2015. (cdnS, COURT STAFF) (Filed on 12/15/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In re: JOHN W. WALLACE,

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Case No. 15-mc-80293-MEJ

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ORDER FOR CLERK OF COURT TO
REASSIGN MATTER WITH REPORT
AND RECOMMENDATION DENYING
LEAVE TO FILE COMPLAINT PER
PRE-FILING REVIEW ORDER

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Re: Dkt. No. 1

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United States District Court
Northern District of California

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On November 27, 2015, John W. Wallace filed what appears to be a civil complaint. Dkt.

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No. 1. However, Mr. Wallace’s complaints are subject to a pre-filing review order. See Wallace

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v. United States Government, Case No. 04-cv-01147 (N.D. Cal. August 18, 2004) (pre-filing

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review order). The pre-review order followed Mr. Wallace’s filing of several cases in this Court

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concerning real estate. The Court found that all of the cases were frivolous. Id. at 6. Mr.

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Wallace’s present filing consists of three pages with multiple handwritten sentences, each stating

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“Charge: Trespass,” followed by an address in the Bay Area. Dkt. No. 1. The filing is unintelligible:

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no parties are identified and no causes of action or facts are comprehensibly stated. Assuming this is

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intended to be a complaint, per the pre-filing review in place, Mr. Wallace should be denied leave to

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file it.

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As Mr. Wallace did not yet consent to the jurisdiction of a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(c), the Clerk of Court shall REASSIGN this case to a District Judge,

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with the recommendation that Mr. Wallace be DENIED leave to file this complaint.

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IT IS SO ORDERED AND RECOMMENDED.

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Dated: December 15, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WALLACE,

Case No. 15-mc-80293-MEJ
Plaintiff,

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v.

CERTIFICATE OF SERVICE

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,
Defendant.

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United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on December 15, 2015, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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John William Wallace
General Delivery
San Francisco, CA 94142

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Dated: December 15, 2015
Richard W. Wieking
Clerk, United States District Court

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By: ___________________________
Chris Nathan, Deputy Clerk to the
Honorable MARIA-ELENA JAMES

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