Martinez v. Bank of America Corporation et al

Filing 12

ORDER Referring Pending Motion to Dismiss to Magistrate Judge Gary Austin, signed by Chief Judge Anthony W. Ishii on 03/07/2012. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 ROBERT ROY MARTINEZ, and individual; ) ) ) Plaintiff, ) ) v. ) ) BANK OF AMERICA CORPORATION, ) a corporation; BANK of AMERICA, NA.,) SUCCESSOR BY MERGER TO BAC ) HOME LOANS SERVICING; et al., ) ) Defendants. ) ) ____________________________________) 1:11-CV-2061 AWI GSA ORDER REFERRING PENDING MOTION TO DISMISS TO MAGISTRATE JUDGE GARY AUSTIN 20 21 Plaintiff Robert Roy Martinez is proceeding pro se in this civil rights action. On 22 February 16, 2012, the Magistrate Judge granted Plaintiff’s application to proceed in forma 23 pauperis pursuant to 28 U.S.C. § 1915(a). The court advised Plaintiff that the court is required 24 to screen complaints of pro se litigants proceeding in forma pauperis pursuant to 28 U.S.C. § 25 1915A(a). 26 The reason for screening is that the court must dismiss a complaint or portion thereof if 27 the litigant has raised claims that are legally “frivolous or malicious,” that fail to state a claim 28 upon which relief may be granted, or that seek monetary relief from a defendant(s) who is 1 immune from such relief. 28 U.S.C. § 1915A(b)(1)&(2). 2 Prior to the court screening Plaintiff’s complaint, as required by 28 U.S.C. § 1915A, 3 Defendants filed a motion to dismiss. 4 referred to Magistrate Judge for screening pursuant to 28 U.S.C. § 1915A and for resolution 5 pursuant to 28 U.S.C. § 636. 6 The court finds that the pending motion should be Accordingly, it is HEREBY ORDERED that the pending motion to dismiss is 7 REFERRED to Magistrate Judge Gary S. Austin. 8 IT IS SO ORDERED. 9 10 Dated: 9h0d30 March 7, 2012 CHIEF UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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