Worthy v. Library of Congress Copyright Office Doc.

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Case 3:07-cv-05736-CRB Document 8 Filed 11/16/2007 Page 1 of 3

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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12 LONNEL B. WORTHY ) No. C 07-5736 CRB
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13 Plaintiff, )
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14 v. ) [PROPOSED] DISMISSAL ORDER
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15 LIBRARY OF CONGRESS COPYRIGHT )
OFFICE, )
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Defendant. )
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19 The federal defendant, not having been properly served and appearing specially, has
20 moved to dismiss this action pursuant to FRCP 12(b)(1) for lack of subject matter jurisdiction
21 and pursuant to FRCP 12(b)(6) for failure to state a claim upon which relief can be granted.
22 This matter having come before the Court on the federal defendant’s motion to dismiss,
23 and good cause appearing, the court finds that plaintiff has not alleged a waiver of sovereign
24 immunity that would allow him to sue the federal government. The court further finds that
25 plaintiff has failed to allege any facts showing that he is or could be entitled to relief.
26 The court therefore grants the federal defendant’s motion to dismiss pursuant to FRCP
27 12(b)(1) and FRCP 12(b)(6). This dismissal is without prejudice to allow plaintiff to file and
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(Proposed) Dismissal Order

C 07-5736 CRB

Dockets.Justia.com
 Case 3:07-cv-05736-CRB Document 8 Filed 11/16/2007 Page 2 of 3

1 serve an amended complaint within 30 days of this order.

2 IT IS SO ORDERED.
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4 DATED: ________________________________
CHARLES R. BREYER
5 United States District Judge
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(Proposed) Dismissal Order

C 07-5736 CRB
 Case 3:07-cv-05736-CRB Document 8 Filed 11/16/2007 Page 3 of 3

1 CERTIFICATE OF SERVICE
2 Worthy v. Library of Congress Copyright Office
C 07-5736 CRB
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The undersigned hereby certifies that she is an employee of the Office of the United States
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Attorney for the Northern District of California and is a person of such age and discretion to be
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competent to serve papers. The undersigned further certifies that she is causing a copy of the
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following:
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Proposed Dismissal Order
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to be served this date upon the party in this action by placing a true copy thereof in a sealed
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envelope, and served as follows:
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X FIRST CLASS MAIL by placing such envelope(s) with postage thereon fully prepaid in
11 the designated area for outgoing U.S. mail in accordance with this office's practice.
12 CERTIFIED MAIL (# ) by placing such envelope(s) with postage thereon fully prepaid in
the designated area for outgoing U.S. mail in accordance with this office's practice.
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PERSONAL SERVICE (BY MESSENGER)
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____ FEDERAL EXPRESS via Priority Overnight
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____ EMAIL
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____ FACSIMILE (FAX)
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to the party(ies) addressed as follows:
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Lonnell B. Worthy, Pro Se
19 7401 Arthur Street
Oakland, CA 94605
20 PH: 415.410.6659 FX: 510.430.8952
Email:
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I declare under penalty of perjury under the laws of the United States that the foregoing is
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true and correct.
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Executed this November 16, 2007 at San Francisco, California.
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____/s/____________________________
25 LILY HO-VUONG
Legal Assistant
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(Proposed) Dismissal Order

C 07-5736 CRB