DESHIELDS v. GM FINANCIAL

Filing 8

ORDERED THAT DEFENDANT GM FINANCIAL CORPORATIONS MOTION TO DISMISS, ECF 4, IS GRANTED. THE CLAIMS AGAINST GM FINANCIAL ARE DISMISSED FOR FAILURE TO STATE A CLAIM PURSUANT TO FED. R. CIV. 12(B)(6) AS FOLLOWS: 1. PLAINTIFFS CLAIM UNDER 18 U.S.C. § ; 1028A IS DISMISSED WITH PREJUDICE. 2. PLAINTIFFS REMAINING CLAIMS ARE DISMISSED WITHOUT PREJUDICE. 3. MR. DESHIELDS MAY FILE AN AMENDED COMPLAINT WITHIN TWENTY (20) DAYS OF THE DATE OF THIS ORDER AS TO ANY CLAIMS DISMISSED WITHOUT PREJUDICE. ANY AM ENDED COMPLAINT MUST DESCRIBE THE FACTUAL BASIS FOR ALL CLAIMS, CITE TO SPECIFIC LEGAL PROVISIONS OR REQUIREMENTS, AND IDENTIFY ALL RELEVANT DATES. SIGNED BY DISTRICT JUDGE GERALD A. MCHUGH ON 9/25/2024. 9/25/2024 ENTERED AND COPIES E-MAILED. NOT MAILED TO PRO SE.(sg)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA RICHARD DESHIELDS v. GM FINANCIAL CORPORATION and ROLLS AUTO DEALERSHIP : : : : : : CIVIL ACTION No. 24-2749 ORDER This 25th day of September, 2024, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that Defendant GM Financial Corporation’s Motion to Dismiss, ECF 4, is GRANTED. The claims against GM Financial are DISMISSED for failure to state a claim pursuant to Fed. R. Civ. 12(b)(6) as follows: 1. Plaintiff’s claim under 18 U.S.C. § 1028A is DISMISSED WITH PREJUDICE. 2. Plaintiff’s remaining claims are DISMISSED WITHOUT PREJUDICE. 3. Mr. DeShields may file an amended complaint within twenty (20) days of the date of this Order as to any claims dismissed without prejudice. Any amended complaint must describe the factual basis for all claims, cite to specific legal provisions or requirements, and identify all relevant dates. /s/ Gerald Austin McHugh United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?