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,

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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