UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO, CALIFORNIA
May 7, 2012
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.
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