Ferguson v. Credit One LLC

Filing 9

ORDER adopting Report and Recommendations regarding 8 Memorandum and Recommendations. Plaintiff's claims are DISMISSED for failure to state a claim upon which relief can be granted. The clerk of court is DIRECTED to close the case. Signed by District Judge Louise Wood Flanagan on 11/25/2024. Copy sent via US mail to Plaintiff. (Collins, S)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:24-CV-222-FL
KEITH L. FERGUSON,
Plaintiff,
v.
CREDIT ONE LLC,
Defendant.

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ORDER

This matter is before the court upon review of plaintiff’s complaint (DE 1) pursuant to 28
U.S.C. § 1915(e). United States Magistrate Judge Brian S. Meyers entered memorandum and
recommendation (“M&R”), pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure
72(b), wherein it is recommended plaintiff’s complaint be dismissed for failure to state a claim on
which relief may be granted (DE 8). Plaintiff did not file objections to the M&R, and the time
within which to make any objection has expired. In this posture, the issues raised are ripe for
ruling.
Upon review of the M&R, the court may “accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Because no
objections have been filed, the court reviews the magistrate judge’s findings and conclusions only
for clear error, and need not give any explanation for adopting the M&R. Diamond v. Colonial
Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005); Camby v. Davis, 718 F.2d 198, 200 (4th
Cir. 1983).

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Upon careful review of the M&R, the court finds the magistrate judge’s analysis to be
thorough, and there is no clear error. The court hereby ADOPTS the recommendation of the
magistrate judge as its own. For the reasons stated therein, plaintiff’s claims are DISMISSED for
failure to state a claim upon which relief can be granted. The clerk of court is DIRECTED to close
the case.
SO ORDERED, this the 22nd day of November, 2024.

_____________________________
LOUISE W. FLANAGAN
United States District Judge

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