White v. Alliance One Receivable, et al

Filing 105

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge VanDervort, and ORDERS that: the Plaintiff's 97 MOTION for voluntary dismissal be DENIED; Defendant Wells Fargo Bank, N.A. d/b/a Wells Fargo Home Mortgage's 6 MOTION to Dismiss be GRANTED; Defendant Lorain National Bank's 18 MOTION to dismiss be GRANTED; Defendant Bank of America's 23 MOTION to dismiss be GRANTED; Defendant DFS Services' 26 MOTION to dis miss be GRANTED; Defendant Huntington National Bank's 28 MOTION to dismiss be GRANTED; Defendant East Ohio Gas Company d/b/a Dominion East Ohio's 57 MOTION to dismiss be GRANTED; the Plaintiff's 60 MOTION to Strike Defendant Well s Fargo Bank N.A. d/b/a Wells Fargo Home Mortgage, Inc. Memorandum in Support of Motion to Dismiss be DENIED; and the Plaintiff's 90 MOTION to Supplement U.S.C. Rule 15 and to Dismiss Defendant's Motion Stating "For Lack of Subject M atter and Personal Jurisdiction be DENIED. The Court ORDERS that this action be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 1/28/2014. (certified cc: Magistrate Judge VanDervort, counsel of record and Plaintiff, pro se) (mjp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BLUEFIELD DIVISION

KENNETH A. WHITE,
Plaintiff,
v.

CIVIL ACTION NO. 1:13-cv-08738

ALLIANCE ONE RECEIVABLE, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

On March 26, 2013, the Plaintiff filed his Complaint in this matter in the Circuit Court of
McDowell County, West Virginia. The matter was subsequently removed to the United States
District Court for the Southern District of West Virginia on April 23, 2013. By Standing Order
(Document 2) entered on April 23, 2013, this action was referred to the Honorable R. Clarke
VanDervort, United States Magistrate Judge, for submission to this Court of proposed findings of
fact and recommendation for disposition, pursuant to 28 U.S.C. ' 636.
On January 6, 2014, the Magistrate Judge submitted his Proposed Findings and
Recommendation (Document 102) wherein it is recommended that this Court: 1) deny the
Plaintiff’s motion for voluntary dismissal (Document 97); 2) grant Defendant Wells Fargo Bank,
N.A. d/b/a Wells Fargo Home Mortgage’s motion to dismiss (Document 6); 3) grant Defendant
Lorain National Bank’s motion to dismiss (Document 18); 4) grant Defendant Bank of America’s
motion to dismiss (Document 23); 5) grant Defendant DFS Services’ motion to dismiss
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(Document 26); 6) grant Defendant Huntington National Bank’s motion to dismiss (Document
28); 7) grant Defendant East Ohio Gas Company d/b/a Dominion East Ohio’s motion to dismiss
(Document 57); 8) deny the Plaintiff’s Motion to Strike Defendant Wells Fargo Bank N. A. d/b/a
Wells Fargo Home Mortgage, Inc., Memorandum in Support of Motion to Dismiss (Document 60);
and 9) deny the Plaintiff’s Motion to Supplement U.S.C. Rule 15 and to Dismiss Defendant’s
Motion Stating “For Lack of Subject Matter and Personal Jurisdiction” (Document 90).
No party has timely filed objections to the Magistrate Judge=s Proposed Findings and
Recommendation, which said objections were due by January 24, 2014. The Court is not required
to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate
judge as to those portions of the findings or recommendation to which no objections are addressed.
Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of
de novo review and a party’s right to appeal this Court=s Order. 28 U.S.C. ' 636(b)(1); see also
Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91,
94 (4th Cir. 1984).
Accordingly, the Court ADOPTS and incorporates herein the findings and
recommendation of the Magistrate Judge as contained in the Proposed Findings and
Recommendation, and ORDERS that:

1) the Plaintiff’s motion for voluntary dismissal

(Document 97) be DENIED; 2) Defendant Wells Fargo Bank, N.A. d/b/a Wells Fargo Home
Mortgage’s motion to dismiss (Document 6) be GRANTED; 3) Defendant Lorain National
Bank’s motion to dismiss (Document 18) be GRANTED; 4) Defendant Bank of America’s
motion to dismiss (Document 23) be GRANTED; 5) Defendant DFS Services’ motion to dismiss
(Document 26) be GRANTED; 6) Defendant Huntington National Bank’s motion to dismiss
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(Document 28) be GRANTED; 7) Defendant East Ohio Gas Company d/b/a Dominion East
Ohio’s motion to dismiss (Document 57) be GRANTED; 8) the Plaintiff’s Motion to Strike
Defendant Wells Fargo Bank N. A. d/b/a Wells Fargo Home Mortgage, Inc., Memorandum in
Support of Motion to Dismiss (Document 60) be DENIED; and 9) the Plaintiff’s Motion to
Supplement U.S.C. Rule 15 and to Dismiss Defendant’s Motion Stating “For Lack of Subject
Matter and Personal Jurisdiction” (Document 90) be DENIED.
Lastly, the Court ORDERS that this action be REMOVED from the Court’s docket.
The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge
VanDervort, counsel of record, and any unrepresented party.
ENTER:

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January 28, 2014