Michael Edward Kelly v. Capital One Auto Finance

Opinion

UNITED STATES DISTRICT COURT J S - 6 CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES— GENERAL

Case No. 5:23-cv-00618-SSS-SHKx Date June 27, 2023 Title Michael Edward Kelly v. Capital One Auto Finance

Present: The Honorable SUNSHINE S. SYKES, UNITED STATES DISTRICT JUDGE

Irene Vazquez Not Reported Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present

Proceedings: ORDER DISMISSING PLAINTIFFS’ CLAIM FOR FAILURE TO AMEND THE COMPLAINT On June 1, 2023, the Court granted Defendant Capital One Auto Finances’ Motion to Dismiss Plaintiff Michael Edward Kelly’s Complaint. [Dkt. 15]. In the Court’s Order, the Court found that Kelly’s sole claim pursuant to the Federal Credit Reporting Act was due to be dismissed pursuant to Rule 12(b)(6). [Dkt. 15 at 2–3]. The Court further granted Kelly leave to amend his Complaint in order to cure his Complaint’s deficiencies and better assert his Fair Credit Reporting Act claim. [Dkt. 15 at 3]. Kelly’s amended complaint was due on or before June 9, 2023. [Dkt. 15 at 3]. As of the date of this order, Kelly has not filed an amended complaint. Accordingly, Kelly’s Complaint is hereby DISMISSED WITH PREJUDICE. See American Western Door & Trim v. Arch Specialty Insurance Co., No. CV 15-00153-BRO (SPx), 2015 WL 1308440, at *1 (C.D. Cal. April 15, 2015) (“A district court may dismiss an action with prejudice when a plaintiff fails to file an amended complaint within the allotted time period.”); see also Cabello v. City of Phoenix, 387 F. App’x 709, 710 (9th Cir. 2010). IT IS SO ORDERED. CIVIL MINUTES—