Mohanna v. Bank of America, N.A.
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KEYHAN MOHANNA,
Plaintiff,
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BANK OF AMERICA, N.A.,
Defendant.
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United States District Court
Northern District of California
ORDER DISMISSING CASE
v.
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Case No. 16-cv-01033-HSG
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On June 9, 2016, Pro Se Plaintiff Keyhan Mohanna (“Plaintiff”) filed a motion for default
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judgment pursuant to Federal Rule of Civil Procedure 55(b)(2). Dkt. No. 17. On March 14, 2017,
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the Court denied Plaintiff’s motion for default judgment, largely because the Court found that
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Plaintiff’s TILA rescission claim as pled was time-barred. See Dkt. No. 25 at 7.
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When presented with an inadequately pled complaint, the Court may note deficiencies in
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the complaint on its own initiative and sua sponte dismiss it for failure to state a claim under
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FRCP 12(b)(6). See Wong v. Bell, 642 F.2d 359, 361 (9th Cir. 1981). Generally, the Court must
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give prior notice of its intention to dismiss and allow Plaintiff an opportunity to oppose the
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dismissal, unless the Plaintiff “cannot possibly win relief.” Id. at 362. On April 21, 2017, the
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Court thus ordered Plaintiff to show cause why this case should not be dismissed as time-barred.
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Dkt. No. 26. However, the order was returned to the Court as undeliverable on May 16, 2017, and
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the Court has received no further communication from Plaintiff indicating a current address. Dkt.
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No. 27.
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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
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United States District Court
Northern District of California
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