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)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RICHARD DESHIELDS
v.
GM FINANCIAL CORPORATION and
ROLLS AUTO DEALERSHIP

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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