A judge has refused to consider the lawsuit of an Oregon man who insists he wrote the title track of Green Day's AMERICAN IDIOT album, due to a lack of evidence. Last week (ends27OCT06) US Magistrate Judge JOHN COONEY recommended grocery store worker PAUL MCPIKE's complaint be dismissed, but added he can file an amended lawsuit detailing his copyright. MCPike is adamant he composed the lyrics and melodies to the smash 2004 track while at high school in 1992, and believes a friend recorded a tape of him singing at home and that this recording ended up with Green Day. MCPike, who has written several unanswered letters to Green Day's label Warner Bros, says, "It was just disbelief every time I heard it on the radio." However, MCPike cannot afford legal advice so represented himself when he filed a two page lawsuit seeking an unspecified share of the profits from the 2004 album and the 2005 live DVD/CD package BULLET IN A BIBLE. The only evidence MCPike submitted was a copy of the album and the observation the lyrics Green Day frontman Billie Joe Armstrong sings on the record do not match those printed on the sleeve. MCPike is planning to gather more evidence and return to court.