(PS) Callum v. Austin Capital Bank

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARLAND CALLUM, No. 2:21-cv-01484-JAM-CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS TO

DISMISS FOR FAILURE TO PROSECUTE

AUSTIN CAPITAL BANK,

Defendant. 16 This case was removed to this court from state small claims court on August 18, 2021.1 (ECF No. 1.) On August 25, 2021, defendant moved to dismiss the complaint for failure to state a claim, or in the alternative for a more definite statement under Federal Rule of Civil Procedure 12(e). (ECF No. 6.) The court invited plaintiff to file an amended complaint within 21 days of the motion, under Federal Rule of Civil Procedure 15(a)(1)(B), which would moot defendant’s motion. (ECF No. 8.) However, plaintiff neither filed an amended complaint nor any opposition to defendant’s motion. The court took the motion under submission, and on October 6, 2021, the court granted the motion and ordered plaintiff within 30 days to file an amended complaint or a notice of…