Smith v. Credit Control, LLC

Filing 21

ORDER as follows: 1. The 20 Recommendation is ADOPTED. 2. Defendant Credit Control, LLC's 16 Motion to Dismiss is GRANTED. 3. Plaintiff's Pamela Smith's action against Defendant Credit Control, LLC, is DISMISSED without prejudice as further set out in the order. A separate final judgment will be entered. Signed by Chief Judge William Keith Watkins on 3/30/2017. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
PAMELA SMITH,
Plaintiff,
v.
CREDIT CONTROL, LLC,
Defendant.

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) CASE NO. 3:16-CV-416-WKW
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ORDER

On December 28, 2016, the Magistrate Judge filed a Recommendation to
which no timely objections have been filed. (Doc. # 20.) Upon an independent
review of the record and upon consideration of the Recommendation, it is
ORDERED as follows:
1.

The Recommendation (Doc. # 20) is ADOPTED.

2.

Defendant Credit Control, LLC’s motion to dismiss (Doc. # 16) is

GRANTED.
3.

Plaintiff Pamela Smith’s action against Defendant Credit Control, LLC,

is DISMISSED without prejudice. “[E]ven a non-lawyer should realize the peril to
her case, when she . . . ignores numerous notices . . . . Even a non-lawyer should
realize the need to communicate either with the court or with opposing counsel.”

Anthony v. Marion Cty. Gen. Hosp., 617 F.2d 1164, 1167-69 (5th Cir. 1980).1
A separate final judgment will be entered.
DONE this 30th day of March, 2017.

/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

1

See Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc) (adopting as
binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close
of business on September 30, 1981).
2