Vongsvirates v. Rushmore Loan Management Services ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VICHAI VONGSVIRATES, Case No. 1:21-cv-00012-NONE-SAB 12 Plaintiff, ORDER DISREGARDING “EXHIBIT F” 13 v. (ECF No. 5) 14 RUSHMORE LOAN MANAGEMENT SERVICES, 15 Defendant. 16 17 Vichai Vongsvirates (“Plaintiff”), proceeding pro se and in forma pauperis, filed this 18 action on January 4, 2021. (ECF No. 1.) On January 8, 2021, the court screened Plaintiff’s 19 complaint and found that it did not state a cognizable claim. (ECF No. 4.) Plaintiff was granted 20 leave to file an amended complaint within thirty days. (Id.) On January 21, 2021, Plaintiff filed 21 a document entitled “Exhibit F”, which appears to be an addendum to the complaint, which 22 argues the merits of the action and that the foreclosure sale of the property should be reversed. 23 First, Plaintiff is advised that the Local Rules of the Eastern District Provide that a 24 complaint must be “complete in itself without reference to the prior or superseded pleading.” 25 Local Rule 220. Plaintiff shall file his amended complaint in a single filing. 26 Second, as Plaintiff was advised in the January 21, 2021 screening order a complaint 27 must contain “a short and plain statement of the claim showing that the pleader is entitled to 1 | relief... .” Fed. R. Civ. P. 8(a)(2). Although a court must accept as true all factual allegations 2 | contained in a complaint, a court need not accept a plaintiff's legal conclusions as true. Ashcroft 3 | v. Iqbal, 556 U.S. 662, 678 (2009). Therefore, Plaintiff's legal citations, argument, and legal 4 | conclusions are not sufficient to state a claim in this action. 5 Third, the Court has considered Plaintiff's complaint and found that the factual 6 | allegations are insufficient to state a claim and Exhibit F contains no factual allegations that 7 | would cause the Court to hold differently. 8 Accordingly, “Exhibit F” is HEREBY DISREGARDED. 9 10 IT IS SO ORDERED. DAM Le |] | Dated: _January 22, 2021 __ ef UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28