Opinion
Civil Action 24-2749
09-25-2024
RICHARD DESHIELDS v. GM FINANCIAL CORPORATION and ROLLS AUTO DEALERSHIP
ORDER
GERALD AUSTIN MCHUGH UNITED STATES DISTRICT JUDGE
This 25th day of September, 2024, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that Defendant GM Financial Corporation's Motion to Dismiss, ECF 4, is GRANTED. The claims against GM Financial are DISMISSED for failure to state a claim pursuant to Fed. R. Civ. 12(b)(6) as follows:
1. Plaintiff's claim under 18 U.S.C. § 1028A is DISMISSED WITH PREJUDICE.
2. Plaintiff's remaining claims are DISMISSED WITHOUT PREJUDICE.
3. Mr. DeShields may file an amended complaint within twenty (20) days of the date of this Order as to any claims dismissed without prejudice. Any amended complaint must describe the factual basis for all claims, cite to specific legal provisions or requirements, and identify all relevant dates.