(PS) Benoit v. PNC Bank

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VONETTA LaBELLE BENOIT, No. 2:19-cv-1063 MCE DB PS Plaintiff, v. ORDER PNC BANK; QUALITY LOAN SERVICE

CORP.,

15 Defendants. 17 Plaintiff Vonetta LaBelle Benoit is proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Pending before the court are plaintiff’s motion to proceed in forma pauperis, plaintiff’s amended complaint, and defendant PNC Bank’s motion to dismiss. (ECF Nos. 2, 8, 12.) For the reasons explained below, plaintiff’s amended complaint is dismissed, plaintiff is granted leave to file a second amended complaint, and defendant’s motion to dismiss is denied without prejudice as premature. I. Plaintiff’s Application to Proceed In Forma Pauperis Plaintiff’s in forma pauperis application makes the financial showing required by 28 U.S.C. § 1915(a)(1). However, a determination that a plaintiff qualifies financially…