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, )

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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

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