Zaragoza

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JORGE ZARAGOZA, No. 1:23-cv-00829 JLT CDB Plaintiff, ORDER GRANTING UNOPPOSED MOTION

TO DISMISS AND DIRECTING CLERK OF

v. COURT TO CLOSE CASE CAPITAL ONE SERVICES, LLC, (Doc. 7) Defendant. 16 Jorge Zaragoza, proceeding pro se, filed a complaint in Kern County Superior Court on April 13, 2023, asserting a claim under the federal Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (Doc. 1-1.) Capital One, N.A.1 timely removed the case to this Court on May 30, 2023. (Doc. 1.) Defendant moves to dismiss Plaintiff’s complaint, first arguing that although it is a “furnisher” of information, there is no private right of action for the violation alleged under section 1681s-2(a). (Doc. 7.) Defendant cites case law supporting its position. (See id. at 7 [citing Nelson v. Chase Manhattan Mortg. Corp., 282 F.3d 1057, 1060 (9th Cir. 2002) (“Congress limited the enforcement of duties imposed by § 1681s-2(a) to governmental…