1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 YAROSLAV MALEV, Case No. 22-cv-02935-JD

8 Plaintiff,

ORDER RE MOTION TO DISMISS

v. 9

10 UNITED STATES OF AMERICA, Defendant. 11

12 13 Pro se plaintiff Yaroslav Malev filed a form complaint in the San Francisco Superior Court 14 naming the FBI as a defendant. Dkt. No. 1-1. The complaint contains no factual allegations and 15 does not identify a cause of action. Id. Malev checked boxes in the form complaint indicating that 16 the case concerns “injury to person or damage to personal property” and “professional 17 negligence,” and that he suffered “wage loss,” “loss of use of property,” and “loss of earning 18 capacity.” Id. at 4, 6. The complaint does not appear to have been properly served on the federal 19 government. 20 As the only proper defendant for a tort claim against the federal government under the 21 Federal Tort Claims Act, 28 U.S.C. § 2679, the United States removed the case to this Court on 22 May 18, 2022. Dkt. No. 1. It has asked to dismiss the complaint under Federal Rule of Civil 23 Procedure 12(b)(6). Dkt. No. 6. Dismissal is granted. 24 As a pro se plaintiff, Malev gets a liberal construction of the complaint and the benefit of 25 any doubts, but he still must satisfy the requirements of Federal Rule of Civil Procedure 8 and 26 state facts sufficient to state a plausible claim. Nguyen Gardner v. Chevron Cap. Corp., No. 15- 27 cv-01514-JD, 2015 WL 12976114, at *1 (N.D. Cal. Aug. 27, 2015). The main problem here is 1 that there is nothing to construe, liberally or otherwise, because the form complaint does not have 2 || any meaningful content. 3 Consequently, the complaint is dismissed. The Court has considerable doubt that allowing 4 amendment is a worthwhile pursuit. Even so, leave to file an amended complaint that is consistent 5 with this order is granted. The amended complaint must be filed by February 1, 2023. A failure 6 || to meet this deadline or otherwise comply with this order will result in a dismissal with prejudice 7 under Federal Rule of Civil Procedure 41(b). 8 IT IS SO ORDERED. 9 Dated: January 12, 2023 10 11

JAMES PONATO

12 United Jrates District Judge

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