Heredia

MEMORANDUM DECISION REGARDING MOTION TO DISMISS SECOND AMENDED COMPLAINT

Before the court is a motion (the “Motion”), filed by the debtor/defendant, Omar Ali Enriguez (the “Debtor”), to dismiss this adversary proceeding, which was filed to determine the dischargeability of a debt for personal injury owed to the plaintiff, Wencelao Heredia (“Heredia”). This adversary proceeding has already been dismissed twice based on insufficient factual allegations to support a claim for relief. The Debtor now requests that dismissal be with prejudice. For the reasons set forth below, the Motion will be granted.

For purposes of this motion, the court must accept as true the factual allegations pled in the complaint, therefore no findings of fact are necessary or appropriate. The court has also taken judicial notice of matters in the record that may be relevant to this decision. This memorandum decision contains the court’s conclusions of law. The court has jurisdiction over this matter under 28 U.S.C. § 1334 and 11 U.S.C. § 523 1 and General Orders 182 and 330 of the U.S. District Court for the Eastern District of California. This is a core proceeding pursuant to 28 U.S.C. § 157…