France v. Mackey et al

Filing 32

ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts the Magistrate Judge's Report. Plaintiff's motion to remand, motion to enforce and motion for judicial notice are denied. The Court grants Defendants' motion to dismiss and Plaintiff's complaint is dismissed. Signed by Honorable Bruce Howe Hendricks on 10/30/2020. (vdru, )

2:20-cv-02424-BHH

Date Filed 10/30/20

Entry Number 32

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Christopher James France In Propia
Persona,

)
)
)
Plaintiff,
)
)
v.
)
)
James G. Mackey, acting as CFO for
)
Freddie Mac, and Joseph P. Sheridan, )
Jr., acting as COO for HomeBridge
)
Financial Services, Inc.,
)
)
Defendants.
)
________________________________)

Civil Action No. 2:20-2424-BHH
ORDER

This matter is before the C
of action purportedly related to a mortgage on his property. In accordance with 28 U.S.C.
§ 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(d) (D.S.C.), the matter was referred to a
United States Magistrate Judge for preliminary determinations.
On October 7, 2020, Magistrate Judge Molly H. Cherry issued a Report and
essing the various pending motions and recommending
mand, motion to enforce, and motion for judicial
notices (ECF Nos. 19, 24, and 25, respecti
motion to dismiss. Attached to the Report was a notice advising the parties of the right to
file specific, written objections to the Report within fourteen days of receiving a copy. To
date, no objections have been filed.
The Magistrate Judge makes only a recommendation to the Court.

The

recommendation has no presumptive weight, and the responsibility to make a final

2:20-cv-02424-BHH

Date Filed 10/30/20

Entry Number 32

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determination remains with the Court. Mathews v. Weber, 423 U.S. 261 (1976). The Court
is charged with making a de novo determination only of those portions of the Report to
which specific objections are made, and the Court may accept, reject, or modify, in whole
or in part, the recommendation of the Magistrate Judge, or recommit the matter to the
Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1). In the absence of specific
objections, the Court reviews the matter only for clear error. See Diamond v. Colonial Life
& Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (sta
timely filed objection, a district court need not conduct a de novo review, but instead must
the face of the record in order to accept the

Here, because no objections were filed, the Court has reviewed the record, the
applicable law, and the findings and recommendations of the Magistrate Judge for clear
error. After review, the C
thorough analysis.
Accordingly, the Court adopts and specifically incorporates
Report (ECF No. 30); the Court denies Plaint

(ECF No. 19), motion

to enforce (ECF No. 24), and motion for judicial notice (ECF No. 25); the Court grants

IT IS SO ORDERED.
/s/Bruce H. Hendricks
The Honorable Bruce Howe Hendricks
United States District Judge
October 30, 2020
Charleston, South Carolina

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