Malev
Malev v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 YAROSLAV MALEV, Case No. 22-cv-02935-JD
Plaintiff,
ORDER RE MOTION TO DISMISS
v.
UNITED STATES OF AMERICA, Defendant.
12 Pro se plaintiff Yaroslav Malev filed a form complaint in the San Francisco Superior Court naming the FBI as a defendant. Dkt. No. 1-1. The complaint contains no factual allegations and does not identify a cause of action. Id. Malev checked boxes in the form complaint indicating that the case concerns “injury to person or damage to personal property” and “professional negligence,” and that he suffered “wage loss,” “loss of use of property,” and “loss of earning capacity.” Id. at 4, 6. The complaint does not appear to have been properly served on the federal government. As the only proper defendant for a tort claim against the federal government under the Federal Tort Claims Act, 28 U.S.C. § 2679, the United States removed the case to this Court on May 18, 2022. Dkt. No. 1. It has asked to dismiss the complaint under Federal Rule…