Mengistu v. Bank of America

Filing 105

ORDER: The Report and Recommendation is adopted and approved. Therefore, Defendant's Motion for Summary Judgment 74 is GRANTED in part and DENIED in part (See Order). Therefore, Plaintiff's request for appointment of counsel 102 is den ied as moot, and Defendant's Objection to the Report and Recommendation is also moot. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 9/24/12. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

KASSA MENGITSU
v.
BANK OF AMERICA, INC.

)
)
) NO. 3-10-0856
) JUDGE CAMPBELL
)

ORDER
Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket
No. 99), Objections filed by the Defendant (Docket No. 104), and Plaintiff’s Request for
Appointment of Counsel (Docket No. 102).
Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b)(3) and Local Rule 72.03(b)(3), the
Court has reviewed de novo the Report and Recommendation, the Objections, and the file. The
Report and Recommendation is adopted and approved. Therefore, Defendant’s Motion for
Summary Judgment (Docket No. 74) is GRANTED in part and DENIED in part.
Plaintiff’s claims under the Fair Credit Reporting Act, the HAMP Act, for intentional
infliction of emotional distress, and for libel related to information provided to consumer reporting
agencies about Plaintiff’s mortgage payment history are DISMISSED.
Plaintiff’s remaining claims are state law claims for unjust enrichment and libel related to
information provided to Plaintiff’s homeowner’s insurance policy.

Pursuant to 28 U.S.C.

§ 1367(c)(3), having dismissed all federal claims, the Court declines to exercise supplemental
jurisdiction over Plaintiff’s remaining state law claims.

Accordingly, Plaintiff’s state law claims for unjust enrichment and libel related to
information provided to Plaintiff’s homeowner’s insurance policy are DISMISSED without
prejudice to being re-filed in state court.
Therefore, Plaintiff’s request for appointment of counsel (Docket No. 102) is denied as moot,
and Defendant’s Objection to the Report and Recommendation is also moot.
IT IS SO ORDERED.

___________________________________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE

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