(PS) Avila v. NewRez LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID AVILA, et al., Case No. 2:24-cv-02264-TLN-CSK Plaintiffs, ORDER DENYING REQUEST FOR E-

FILING ACCESS, AND FINDINGS AND

v. RECOMMENDATIONS GRANTING

DEFENDENTS’ MOTION TO DISMISS

NEWREZ, LLC D/B/A SHELLPOINT MORTGAGE SERVICING, et al., 15 Defendants. 16 (ECF Nos. 17, 21) 17 Plaintiffs David Avila and John Hayne are proceeding in this action pro se. (ECF No. 1.)1 Pending before the Court is Defendants Newrez LLC d/b/a Shellpoint Mortgage Servicing (“Shellpoint”) and JP Morgan Mortgage Acquisition Corporation’s (“Chase”) motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), which is fully briefed. (ECF Nos. 17, 22, 27.) For the reasons stated below, the Court recommends GRANTING Defendants’ motion to dismiss and recommends sua sponte dismissal of the action for lack of federal jurisdiction. Plaintiff Avila’s motion for e-filing access (ECF No. 21) is DENIED. / / / 27 This matter was referred to the undersigned…