(PS) Toliver v. Clear Recon Corp.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 VIVIAN J. TOLIVER, No. 2:24-cv-02139-KJM-SCR Plaintiff, v. FINDINGS AND RECOMMENDATIONS CLEAR RECON CORP., Defendant. 15 Plaintiff is proceeding pro se in this matter, which is referred to the undersigned pursuant to Local Rule 302(c)(21) and 28 U.S.C. § 636. Now before the Court is Defendant’s Motion to Dismiss (ECF No. 4). Plaintiff has failed to file an opposition to the motion. The Court recommends the motion to dismiss be granted, and Plaintiff allowed the opportunity to amend. I. Background and Procedural History On August 8, 2024, Plaintiff filed her complaint and paid the filing fee. ECF No. 1. Plaintiff alleges that Defendant accessed her “personal identification” without her “full consent.” Id. at ¶ 1. Plaintiff appears to complain that Defendant was not her true lender, and that Defendant failed to “exhibit the note.” Id. at ¶¶ 8-11. Plaintiff attached to her complaint a deed of trust, the…