Smith v. Wells Fargo Bank National Association (MAG+)
Filing
19
OPINION. The Court construes the 17 Motion to Amend the Complaint as both a Motion to Amend and as plaintiff's Objections to the 16 Recommendation. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 3/11/2016. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ALEX SMITH JR., a man,
)
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
WELLS FARGO BANK
NATIONAL ASSOCIATION,
Defendant.
CIVIL ACTION NO.
2:15cv54-MHT
(WO)
OPINION
Plaintiff filed this lawsuit asserting claims under
the Fair Debt Collection Practices Act (“FDCPA”) (15
U.S.C. §§ 1692, 1692a to 1692p) and the Fair Credit
Reporting Act (“FCRA”) (15 U.S.C. §§ 1681, 1681a to
1681x), and related state-law claims, all stemming from
defendant’s
foreclosure
on
a
property
plaintiff’s mother before she died.
now
before
the
court
on
the
owned
by
This lawsuit is
recommendation
of
the
United States Magistrate Judge that plaintiff’s claims
under the FDCPA and FCRA be dismissed with prejudice,
and
that
plaintiff’s
state
law
claims
be
dismissed
without
prejudice.
Also
before
the
court
is
the
plaintiff’s motion to amend the complaint, which the
court
construes
as
both
a
motion
to
amend
plaintiff’s objections to the recommendation.
and
as
After an
independent and de novo review of the record, the court
concludes
overruled
that
and
plaintiff’s
the
objections
magistrate
judge’s
should
be
recommendation
adopted, except that all of plaintiff’s claims will be
dismissed without prejudice.
The case will remain open
for the magistrate judge to enter a recommendation on
the motion to amend.
An appropriate judgment will be entered.
DONE, this the 11th day of March, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?