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C 07-5736 CRB
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
LONNEL B. WORTHY
Plaintiff,
v.
LIBRARY OF CONGRESS COPYRIGHT
OFFICE,
Defendant.
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No. C 07-5736 CRB
[PROPOSED] DISMISSAL ORDER
The federal defendant, not having been properly served and appearing specially, has
moved to dismiss this action pursuant to FRCP 12(b)(1) for lack of subject matter jurisdiction
and pursuant to FRCP 12(b)(6) for failure to state a claim upon which relief can be granted.
This matter having come before the Court on the federal defendant’s motion to dismiss,
and good cause appearing, the court finds that plaintiff has not alleged a waiver of sovereign
immunity that would allow him to sue the federal government. The court further finds that
plaintiff has failed to allege any facts showing that he is or could be entitled to relief.
The court therefore grants the federal defendant’s motion to dismiss pursuant to FRCP
12(b)(1) and FRCP 12(b)(6). This dismissal is without prejudice to allow plaintiff to file and
//
Case 3:07-cv-05736-CRB Document 8 Filed 11/16/2007 Page 1 of 3
Worthy v. Library of Congress Copyright Office
Doc. 8
Dockets.Justia.com
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(Proposed) Dismissal Order
C 07-5736 CRB
serve an amended complaint within 30 days of this order.
IT IS SO ORDERED.
DATED:
________________________________
CHARLES R. BREYER
United States District Judge
Case 3:07-cv-05736-CRB Document 8 Filed 11/16/2007 Page 2 of 3
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(Proposed) Dismissal Order
C 07-5736 CRB
CERTIFICATE OF SERVICE
Worthy v. Library of Congress Copyright Office
C 07-5736 CRB
The undersigned hereby certifies that she is an employee of the Office o