Mohanna v. Bank of America, N.A.

Filing 28

ORDER DISMISSING CASE. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 8/31/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 8/31/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KEYHAN MOHANNA, Plaintiff, 8 BANK OF AMERICA, N.A., Defendant. 11 United States District Court Northern District of California ORDER DISMISSING CASE v. 9 10 Case No. 16-cv-01033-HSG 12 On June 9, 2016, Pro Se Plaintiff Keyhan Mohanna (“Plaintiff”) filed a motion for default 13 14 judgment pursuant to Federal Rule of Civil Procedure 55(b)(2). Dkt. No. 17. On March 14, 2017, 15 the Court denied Plaintiff’s motion for default judgment, largely because the Court found that 16 Plaintiff’s TILA rescission claim as pled was time-barred. See Dkt. No. 25 at 7. 17 When presented with an inadequately pled complaint, the Court may note deficiencies in 18 the complaint on its own initiative and sua sponte dismiss it for failure to state a claim under 19 FRCP 12(b)(6). See Wong v. Bell, 642 F.2d 359, 361 (9th Cir. 1981). Generally, the Court must 20 give prior notice of its intention to dismiss and allow Plaintiff an opportunity to oppose the 21 dismissal, unless the Plaintiff “cannot possibly win relief.” Id. at 362. On April 21, 2017, the 22 Court thus ordered Plaintiff to show cause why this case should not be dismissed as time-barred. 23 Dkt. No. 26. However, the order was returned to the Court as undeliverable on May 16, 2017, and 24 the Court has received no further communication from Plaintiff indicating a current address. Dkt. 25 No. 27. 26 // 27 28 // 1 2 3 4 5 6 Accordingly, pursuant to Civil Local Rule 3-11(b), the Court dismisses this action without prejudice. The clerk is directed to close the case. IT IS SO ORDERED. Dated: 8/31/2017 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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