McPhail v. Wells Fargo Dealer Services

Filing 7

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS: The Court ADOPTS the Magistrate Judge's recommendations and dismisses without prejudice the plaintiff's complaint. Copy mailed to pro se plaintiff via US Mail. Signed by US District Judge Terrence W. Boyle on 7/11/2013. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-231-BO

DOUGLAS E. MCPHAIL,
Plaintiff,
V.

WELLS FARGO DEALER SERVICES
Defendant.

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ORDER

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This matter is before the Court on the Memorandum and Recommendation ("M&R") of
United States Magistrate Judge Robert B. Jones [DE 6] regarding plaintiff's motion to proceed in
forma pauperis and for frivolity review pursuant to 28 U.S.C. § 1915. No party has filed

objections to the M&R in this matter. The Court ADOPTS the M&R and DISMISSES plaintiff's
pro se complaint.
DISCUSSION

Plaintiff alleged claims under the Fair Credit Reporting Act, the Fair Credit Billing Act,
the Fair Debt Collection Practices Act, and various state laws. After a frivolity review,
Magistrate Judge Jones recommended that these claims be dismissed. The Court adopts the
M&R because no party has made objections to the M&R and because the M&R is not clearly
erroneous or contrary to law. 28 U.S.C. § 636 (b)(l)(B).
A district court is only required to review an M&R de novo if the plaintiff specifically
objects to it or in cases of plain error. !d.; Thomas v, Arn, 474 U.S. 140, 149-50 (1985). In this
case, the Magistrate Judge committed no plain error and no party has objected to the M&R.

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CONCLUSION

The Court ADOPTS the Magistrate Judge's recommendations [DE 6]. The plaintiff's
claim under the Fair Credit Reporting Act is DISMISSED WITHOUT PREJUDICE; the
plaintiff's claim under the Fair Credit Billing Act is DISMISSED WITH PREJUDICE; the
plaintiff's claim under the Fair Debt Collection Practices Act is DISMISSED WITHOUT
PREJUDICE; and the Court declines to exercise jurisdiction over the remaining state law claims
identified in the plaintiff's complaint.

SO ORDERED.
This the

JL day of July, 2013.

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