McGihon v. E*Trade Wholesale Lending Corporation et al

Filing 22

ORDER by Judge Hamilton granting 5 Motion to Dismiss (pjhlc1, COURT STAFF) (Filed on 1/28/2013) (Additional attachment(s) added on 1/28/2013: # 1 Certificate/Proof of Service) (nah, COURT STAFF).

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 PHYLLIS Y. MCGIHON, Plaintiff, No. C 12-5927 PJH 11 For the Northern District of California United States District Court 10 v. ORDER DISMISSING COMPLAINT 12 13 E*TRADE WHOLESALE LENDING CORPORATION, et al., 14 Defendants. _______________________________/ 15 16 Before the court are is a motion to dismiss the complaint in the above-entitled action, 17 filed by Ally Financial Inc. Plaintiff Phyllis Y. McGihon did not file an opposition to the 18 motion within the time allowed under Civil Local Rule 7-3. Because the complaint is 19 completely incomprehensible – to the point that the court cannot ascertain the names or 20 identities of the defendants, or the substance of the claims, if indeed there are any claims 21 asserted – and because there is no discernable legal basis for the complaint, the court 22 hereby GRANTS the motion and dismisses the complaint. 23 Although the court is of the opinion that re-pleading will not resolve the deficiencies 24 in the complaint, the court will nonetheless allow plaintiff an opportunity to file an amended 25 complaint. For that amended complaint to be successful, plaintiff must specify the 26 defendants being sued and identify each defendant by official name; must allege separate 27 causes of action; must state a constitutional or statutory basis for each cause of action; and 28 must allege facts showing each defendant’s personal involvement in the wrongful act 1 alleged in each cause of action. If plaintiff fails to file the amended complaint by February 2 25, 2013, or if the amended complaint does not comply with the above instructions, the 3 case will be dismissed with prejudice. 4 The February 27, 2013 hearing date is VACATED. 5 6 IT IS SO ORDERED. 7 Dated: January 28, 2013 ______________________________ PHYLLIS J. HAMILTON United States District Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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