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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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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ROBERT ROY MARTINEZ, and
individual;

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Plaintiff,
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v.
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BANK OF AMERICA CORPORATION, )
a corporation; BANK of AMERICA, NA.,)
SUCCESSOR BY MERGER TO BAC
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HOME LOANS SERVICING; et al.,
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Defendants.
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____________________________________)

1:11-CV-2061 AWI GSA
ORDER REFERRING
PENDING MOTION TO
DISMISS TO MAGISTRATE
JUDGE GARY AUSTIN

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Plaintiff Robert Roy Martinez is proceeding pro se in this civil rights action. On

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February 16, 2012, the Magistrate Judge granted Plaintiff’s application to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915(a). The court advised Plaintiff that the court is required

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to screen complaints of pro se litigants proceeding in forma pauperis pursuant to 28 U.S.C. §

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1915A(a).

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The reason for screening is that the court must dismiss a complaint or portion thereof if

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the litigant has raised claims that are legally “frivolous or malicious,” that fail to state a claim

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upon which relief may be granted, or that seek monetary relief from a defendant(s) who is

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immune from such relief. 28 U.S.C. § 1915A(b)(1)&(2).

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Prior to the court screening Plaintiff’s complaint, as required by 28 U.S.C. § 1915A,

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Defendants filed a motion to dismiss.

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referred to Magistrate Judge for screening pursuant to 28 U.S.C. § 1915A and for resolution

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pursuant to 28 U.S.C. § 636.

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The court finds that the pending motion should be

Accordingly, it is HEREBY ORDERED that the pending motion to dismiss is

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REFERRED to Magistrate Judge Gary S. Austin.

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IT IS SO ORDERED.

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Dated:
9h0d30

March 7, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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