Opinion
No. 5:13-CV-231-BO
07-11-2013
DOUGLAS E. MCPHAIL, Plaintiff, v. WELLS FARGO DEALER SERVICES Defendant.
ORDER
This matter is before the Court on the Memorandum and Recommendation ("M&R") of United States Magistrate Judge Robert B. Jones [DE 6] regarding plaintiff's motion to proceed in forma pauperis and for frivolity review pursuant to 28 U.S.C. § 1915. No party has filed objections to the M&R in this matter. The Court ADOPTS the M&R and DISMISSES plaintiff's pro se complaint.
DISCUSSION
Plaintiff alleged claims under the Fair Credit Reporting Act, the Fair Credit Billing Act, the Fair Debt Collection Practices Act, and various state laws. After a frivolity review, Magistrate Judge Jones recommended that these claims be dismissed. The Court adopts the M&R because no party has made objections to the M&R and because the M&R is not clearly erroneous or contrary to law. 28 U.S.C. § 636 (b)(1)(B).
A district court is only required to review an M&R de novo if the plaintiff specifically objects to it or in cases of plain error. Id; Thomas v, Arn, 474 U.S. 140, 149-50 (1985). In this case, the Magistrate Judge committed no plain error and no party has objected to the M&R.
CONCLUSION
The Court ADOPTS the Magistrate Judge's recommendations [DE 6]. The plaintiff's claim under the Fair Credit Reporting Act is DISMISSED WITHOUT PREJUDICE; the plaintiff's claim under the Fair Credit Billing Act is DISMISSED WITH PREJUDICE; the plaintiff's claim under the Fair Debt Collection Practices Act is DISMISSED WITHOUT PREJUDICE; and the Court declines to exercise jurisdiction over the remaining state law claims identified in the plaintiff's complaint.
SO ORDERED.
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TERRENCE W. BOYLE
UNITED STATES DISTRICT JUDGE