Bey v. BMW Financial Services

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

DARNELL BEY, ) ) Plaintiff, ) ) vs. ) Case No. 4:25-cv-00351-MTS ) BMW FINANCIAL SERVICES, ) ) Defendant. )

MEMORANDUM AND ORDER Pro se Plaintiff Darnell Bey’s case is before the Court on Defendant BMW Financial Services NA, LLC’s Motion to Dismiss. Doc. [3]; see also Fed. R. Civ. P. 12(b)(6). Because even a liberal construction of the Complaint reveals that Plaintiff failed to state a claim upon which relief can be granted, the Court will grant Defendant’s Motion and dismiss this action. See Solomon v. Petray, 795 F.3d 777, 787 (8th Cir. 2015) (providing that pro se pleadings “are to be given liberal construction”); Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004) (quoting Dunn v. White, 880 F.2d 1188, 1197 (10th Cir. 1989) (explaining that even for a pro se plaintiff, the court “will not supply additional facts” nor “construct a legal theory for plaintiff that assumes facts that have not been pleaded”)); Lustgraaf v. Behrens, 619 F.3d 867, 872–73 (8th Cir. 2010) (discussing the motion to dismiss for failure to state a claim standard). Accordingly, IT IS HEREBY ORDERED that Defendant BMW Financial Services NA, LLC’s Motion to Dismiss, Doc. [3], is GRANTED. An Order of Dismissal will be entered herewith dismissing this action. Dated this 23rd day of July 2025. Th THEW T. SCHELP UNITED STATES DISTRICT JUDGE

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