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Stephen Garcia v. Kojo H. Moore

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO, CALIFORNIA


May 7, 2012

STEPHEN GARCIA,
PLAINTIFF,
v.
KOJO H. MOORE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER DISMISSING PLAINTIFF'S CLAIMS WITH PREJUDICE

On February 6, 2012, Plaintiff Stephen Garcia ("Plaintiff"), proceeding pro se and in forma pauperis, filed a complaint in the United States District Court for the Central District of California against Kojo Moore (a Fresno defense attorney; "Moore") and Moore's law firm Ciummo & Associates ("Ciummo") (Ciummo and Moore are collectively referred to as "Defendants"). On February 16, 2012, the Central District transferred Plaintiff's case to this Court pursuant to 28 U.S.C. § 1406(a). (Doc. 2.)

Plaintiff challenges the legal services Plaintiff received from Defendants, which Plaintiff deemed to be unsatisfactory. Plaintiff purports to state claims for "Breach of Fiduciary Duty" (Pl.'s Compl., 8-13, Doc.1), "Negligent Misrepresentation" (Pl.'s Compl., 14-18, Doc.1), "Professional Negligence (Legal Malpractice)" (Pl.'s Compl., 19-20, Doc.1), and "Breach of Contract." (Pl.'s Compl., 21-23, Doc.1.)

On March 9, 2012, the Honorable Barbara A. McAuliffe dismissed Plaintiff's Complaint without prejudice for failure to state a claim. (Doc. 5.) Judge McAuliffe afforded Plaintiff thirty days to amend his Complaint to state a claim. Id. (Doc. 5, 6: 1-2.) Judge McAuliffe further warned Plaintiff that failure to file an amended complaint would result in dismissal of Plaintiff's claims with prejudice. (Doc. 5, 6: 3-4.) To date, Plaintiff has not filed an amended complaint. Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's complaint is DISMISSED WITH PREJUDICE AND WITHOUT LEAVE TO AMEND;

2. The clerk is directed to close this case.

IT IS SO ORDERED.

20120507

© 1992-2012 VersusLaw Inc.



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