Davis v. Wells Fargo NA et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Report and Recommendation (Docket No. 20 ) is ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the Motions to D ismiss filed by defendants Barney and Wilson and Associates, PLLC (Docket Nos. 16 , 18 ) are GRANTED. Further, this court declines to exercise pendant jurisdiction over the plaintiff's state law claims. This case is DISMISSED WITH PREJUDICE . This Order constitutes the judgment in this case. It is so ORDERED. ENTER this 22nd day of August 2013. Signed by District Judge Aleta A. Trauger on 8/22/2013. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JANICE A. DAVIS,
Plaintiff,
v.
WELLS FARGO, NA,
WILLIAMS & ASSOCIATES,
WILSON AND ASSOCIATES LAW FIRM, and
JOHN A. BARNEY,
Defendants.

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Civil No. 3:12-1181
Judge Trauger

MEMORANDUM and ORDER
On July 17, 2013, the Magistrate Judge issued a Report and Recommendation (Docket
No. 20), to which the pro se plaintiff has filed objections (Docket No. 28). Because the Report
and Recommendation relates to a dispositive matter, pursuant to Rule 72(b), FED. R. CIV. P., and
28 U.S.C. § 636(b)(1)(C), this court must review de novo any portion of the Report and
Recommendation to which a specific objection is made. United States v. Curtis, 237 F.3d 598,
603 (6th Cir. 2001); Massey v. City of Ferndale, 7 F.3d 506, 510 (6th Cir. 1993).
The Magistrate Judge recommended the granting of the two pending Motions to Dismiss
(Docket Nos. 16, 18) in large part due to the fact that the plaintiff has not alleged that the
complained-of actions by these defendants were racially motivated discrimination. (Docket No.
20 at 7) The plaintiff’s objections do not address this central deficiency in her pleadings at all.
It is therefore ORDERED that the objections are OVERRULED.

The Report and Recommendation (Docket No. 20) is ACCEPTED and made the
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findings of fact and conclusions of law of this court. For the reasons expressed therein, it is
hereby ORDERED that the Motions to Dismiss filed by defendants Barney and Wilson and
Associates, PLLC (Docket Nos. 16, 18) are GRANTED. Further, this court declines to exercise
pendant jurisdiction over the plaintiff’s state law claims. This case is DISMISSED WITH
PREJUDICE. This Order constitutes the judgment in this case.
It is so ORDERED.
ENTER this 22nd day of August 2013.

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ALETA A. TRAUGER
U.S. District Judge

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