Hayes v. JP Morgan Chase et al

Filing 46

ORDER RULING ON REPORT AND RECOMMENDATION adopting 43 Report and Recommendation, granting 22 Motion to Dismiss. Signed by Honorable Joseph F. Anderson, Jr. on 08/20/2014. (bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Demetric Hayes,

C/A No. 3:13-cv-1884-JFA

Plaintiff,
v.
ORDER
JP Morgan Chase Bank and Butler and Hosch,
P.A.
Defendants.
Demetric Hayes (“Plaintiff”), proceeding pro se, has filed a lawsuit asserting a claim of
wrongful foreclosure against JP Morgan Chase Bank and Butler and Hosch, P.A.
The Magistrate Judge assigned to this action1 prepared a thorough Report and
Recommendation (“Report”) and opines that this court should grant the motion to dismiss filed
by defendant JP Morgan Chase Bank. ECF No. 43. The Report sets forth in detail the relevant
facts and standards of law on this matter, and this court incorporates those facts and standards
without a recitation.
Plaintiff was advised of his right to object to the Report, which was entered on the docket
on July 8, 2014. However, Plaintiff did not file objections. In the absence of specific objections
to the Report of the Magistrate Judge, this court is not required to give an explanation for
adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

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The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil
Rule 73.02(B)(2)(g) (D.S.C.). The Magistrate Judge makes only a recommendation to this court. The
recommendation has no presumptive weight, and the responsibility to make a final determination
remains with the court. Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a
de novo determination of those portions of the Report and Recommendation to which specific objection
is 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. See 28 U.S.C. §
636(b)(1).

After carefully reviewing the applicable laws, the record in this case, as well as the
Report, this court finds the Magistrate Judge’s recommendation fairly and accurately summarizes
the facts and applies the correct principles of law. Accordingly, the court adopts the Report and
grants the motion to dismiss.

IT IS SO ORDERED.

August 20, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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