Neal v. Bank of New York Mellon Trust Company, N.A.

Filing 28

ORDER Granting 11 Defendant's Motion to Dismiss. 1 Plaintiffs complaint is DISMISSED in its entirety. IT IS FURTHER ORDERED that pro se Plaintiff shall have 30 days to file an amended complaint. IT IS FURTHER ORDERED that pro se 19 Plaintiffs Motion to Strike is DENIED. Signed by Judge Larry R. Hicks on 01/06/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Before the court is defendant the Bank of New York Mellon Trust Company’s (“Mellon”)

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RICHARD LELAND NEAL

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Plaintiff,

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v.

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THE BANK OF NEW YORK MELLON
TRUST COMPANY,

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Defendant.

2:12-cv-1352-LRH-VCF
ORDER

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motion to dismiss. Doc. #11.1 Pro se plaintiff Richard Leland Neal (“Neal”) filed an opposition

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(Doc. #15) to which Mellon replied (Doc. #17).

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On July 31, 2012, pro se plaintiff Neal filed a complaint against defendant Mellon for quiet

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title over real property. See Doc. #1. The court has reviewed Neal’s complaint and finds that it fails

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to sufficiently allege a single cause of action upon which relief can be granted. In his complaint,

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Neal merely sets out the base elements of his claims but fails to allege how defendant Mellon acted,

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and how Mellon’s actions violated the elements of the claims he puts forth. Further, Neal has not

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even established that he has standing to pursue his claims or how he was a party to the underlying

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loan transactions. Therefore, the court shall grant Mellon’s motion to dismiss. However, because

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Neal is presenting his claims pro se, the court shall grant him leave to file an amended complaint

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Refers to the court’s docket number.

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that sets out specific allegations which support his stated causes of action and establishes his

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standing to pursue those claims.

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IT IS THEREFORE ORDERED that defendant’s motion to dismiss (Doc. #11) is
GRANTED. Plaintiff’s complaint (Doc. #1) is DISMISSED in its entirety.
IT IS FURTHER ORDERED that pro se plaintiff Richard Leland Neal shall have thirty (30)
days from entry of this order to file an amended complaint.

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IT IS FURTHER ORDERED that pro se plaintiff’s motion to strike (Doc. #19) is DENIED.

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IT IS SO ORDERED.

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DATED this 6th day of January, 2013.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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