Drew v. Capital One Bank (USA), N.A.

Filing 8

MEMORANDUM AND ORDER re: 5 MOTION to Dismiss Case filed by Defendant Capital One Bank (USA), N.A. motion is GRANTED. IT IS FURTHER ORDERED that plaintiffs complaint is DISMISSED withoutprejudice. Signed by District Judge Stephen N. Limbaugh, Jr on 7/7/16. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
BRADLEY DREW,
Plaintiffs,
v.
CAPITAL ONE BANK (USA) N.A.,
Defendant.

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Case No. 1:16CV00095 SNLJ

ORDER
This matter is before the Court on defendant’s motion to dismiss pursuant to
Federal Rule of Civil Procedure 12(b). The Court previously took up the motion, and on
June 21, 2016, defendant’s motion was taken under advisement. Plaintiff’s complaint,
which had been originally filed in small claims court and removed to this Court, failed to
plead sufficient facts to state a claim for relief that is plausible on its face. With the
removal of the small claims action to federal court, in the interest of justice, the
Court granted plaintiff leave to file an amended complaint within fourteen days. The
Court’s Order gave plaintiff notice that if he failed to file an amended complaint within
fourteen days the motion to dismiss would be granted without prejudice. More than
fourteen days have elapsed since the date of the Order and plaintiff has not filed an
amended complaint, sought leave for additional time to file an amended complaint, or
filed any document or request in response to the Order.

Accordingly,
IT IS HEREBY ORDERED that defendant’s motion to dismiss (ECF# 5) is
GRANTED.
IT IS FURTHER ORDERED that plaintiff’s complaint is DISMISSED without
prejudice.
Dated this 7th day of July, 2016.

___________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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