(PS) Callum v. Austin Capital Bank
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARLAND CALLUM, No. 2:21-cv-01484-JAM-CKD PS Plaintiff, v. ORDER AUSTIN CAPITAL BANK, (ECF No. 6) Defendant. 16 Presently before the court is a motion by defendant Austin Capital Bank (“ACB”) to dismiss plaintiff’s complaint for failure to state a claim under Rule 12(b)(6), or in the alternative for a more definite statement of the claim under Rule 12(e). (ECF No. 6.) Plaintiff failed to file any opposition or statement of non-opposition, and the motion was taken under submission pursuant to Local Rule 230(c). (ECF No. 8.) For the following reasons, the undersigned GRANTS defendant’s motion for a more definite statement, and grants plaintiff leave to amend.2 23 1 Because plaintiff is self-represented, the case is referred to the undersigned for all pretrial proceedings pursuant to 28 U.S.C § 636 and Local Rule 302(c)(21).
2 Under 28 U.S.C. § 636(b)(1)(A) and Federal Rule of Civil Procedure 72, federal…