Watson v. CitiMortgage, Inc. et al

Filing 8

ORDER DISMISSING Action, With Prejudice, For Failure to State a Claim on Which Relief May be Granted, signed by Judge Oliver W. Wanger on 4/8/2011. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LORI S. WATSON, 10 Plaintiff, 11 12 CASE NO. 1:10-cv-02279-OWW-SMS ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM ON WHICH RELIEF MAY BE GRANTED v. CITIMORTGAGE, et al., 13 Defendants. (Doc. 7) 14 / 15 Plaintiff Lori S. Watson is an individual proceeding pro se and in forma pauperis in this 16 17 civil action challenging the foreclosure of certain real property. In her complaint, filed December 18 8, 2010, Plaintiff alleged claims of (1) fraud, (2) wrongful foreclosure, (3) negligence per se, and 19 (4) quiet title. On March 4, 2011, this Court screened Plaintiff’s complaint and dismissed it for 20 failure to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e). The Court’s 21 order granted Plaintiff leave to file an amended complaint within thirty days. 22 Although more than thirty days have passed, Plaintiff has not complied with, or otherwise 23 responded to, the Court’s order. As a result, no pleading has been filed setting forth a claim upon 24 which relief may be granted. Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), “the court shall dismiss 25 the case at any time . . . the action or appeal . . . fails to state a claim on which relief may be 26 granted.” 27 /// 28 /// 1 1 Accordingly, this action is hereby DISMISSED, with prejudice, for failure to state a 2 claims on which relief may be granted. 3 IT IS SO ORDERED. 4 Dated: April 8, 2011 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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