Romero

MEMORANDUM DECISION RE GRANTING PLAINTIFF’S MOTION TO DISMISS THE COMPLAINT AND DENYING PLAINTIFF’S MOTION TO VACATE (DOC. 10,11,12 and 19)

1. INTRODUCTION

Pro Se Plaintiff Roger D. Romero (“Romero”) in his latest filing moves to dismiss his suit against Defendant Citibank (South Dakota), N.A.’s, successor in interest to Citibank USA, National Association (“Citibank”). Plaintiff also moves to vacate the arbitration award. Defendant Citibank’s arbitration award was previously confirmed on September 13, 2007. These matters were heard on January 28, 2008.

2. PROCEDURAL AND FACTUAL BACKGROUND

This case arises out of a dispute between Plaintiff and Defendant regarding Plaintiffs Home Depot-branded credit card issued by Defendant that was arbitrated before an arbitrator and resulted in an award being entered in favor of Citibank on April 12, 2007 (“Arbitration Award”). (Doc. 4, Motion to Confirm Arbitration Award, Memorandum of Points and Authorities (“P & A”), § I; and Declaration of Andrew W. Moritz (“Moritz Deck”), Exhibit 5, filed on July 16, 2007.)

Plaintiff initiated this case in federal court on April 10, 2007 by filing a complaint to transfer his ongoing but not yet,…