(PS) Smith v. Daybreak Metro Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 COURTNEY SMITH, No. 2:24-cv-0124-TLN-CKD (PS) Plaintiff, v. ORDER AND DAYBREAK METRO INC., et al., FINDINGS AND RECOMMENDATIONS Defendants.

17 Plaintiff Courtney Smith paid the filing fee and filed this civil action without counsel. This matter is before the undersigned pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c)(21). In the operative first amended complaint (“FAC”), plaintiff alleges the defendants illegally seized plaintiff’s vehicle and/or committed violations of law in their debt collection activity. Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, defendants Daybreak Metro Inc. and James Glenn McNeil move the court for an order dismissing the FAC. For the reasons set forth below, the undersigned agrees that the FAC fails to state a claim and the motion to dismiss should be granted. The other named defendants have not appeared in this action. The court will order plaintiff 27 …