U.S. Bank, National Association v. Avakian-Hughes et al
| U.S. Bank, National Association |
| Teri Avakian-Hughes, Timothy William Hughes and Does 1 through 5 |
| 3:2017cv00378 |
| February 24, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Anthony J. Battaglia |
| Karen S. Crawford |
| All Other Real Property |
| 12 U.S.C. ยง 2601 |
| None |
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Filing
3
ORDER Dismissing Defendants' Complaint and denying as moot 2 Motion to Proceed in forma pauperis. The Court DISMISSES WITHOUT PREJUDICE Plaintiffs' complaint, (Doc. No. 1), and DENIES AS MOOT Plaintiffs' motion to proceed in forma pauperis, (Doc. No. 2). See Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) (en banc) (It is also clear that [§] 1915(e) not only permits but requires a district court to dismiss an in forma pauperis complaint that fails to state a claim.). Plaintiffs have sixty days from the date of this order's issuance to submit a first amended complaint correcting the deficiencies noted herein. At that time, Plaintiffs may resubmit their IFP motion. Failure to amend the complaint will result in the Court's dismissal of this case. Signed by Judge Anthony J. Battaglia on 2/28/2017. (All non-registered users served via U.S. Mail Service)(acc)
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