Opinion
Civil Action 2:10-CV-762.
September 21, 2010
ORDER
Plaintiff, who is proceeding without the assistance of counsel, brings this civil action alleging that defendant, a podiatrist, violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ["FDCPA"], when he attempted to collect a debt allegedly owed to him by plaintiff. On August 26, 2010, the United States Magistrate Judge issued an Order and Report and Recommendation granting plaintiff's motion for leave to proceed in forma pauperis but recommending that the action be dismissed pursuant to 28 U.S.C. § 1915(e) for failure to state a claim upon which relief can be granted. Order and Report and Recommendation, Doc. No. 2. The Magistrate Judge specifically reasoned that, because the defendant/creditor was alleged to have been attempting to collect his own debt, he does not qualify as a "debt collector" within the meaning of the FDCPA. Id., citing 25 U.S.C. § 1692a(6); Montgomery v. Huntington Bank, 346 F.3d 693, 699 (6th Cir. 2003).
Although plaintiff was advised of his right to object to the Report and Recommendation, and of the consequences of his failure to object, see Order and Report and Recommendation, at 2, there has nevertheless been no objection to the Report and Recommendation.
The Report and Recommendation is ADOPTED AND AFFIRMED. This action is hereby DISMISSED pursuant to 28 U.S.C. § 1915(e).
The Clerk is DIRECTED to enter FINAL JUDGMENT in this case.
Moreover, the Court CONCLUDES that an appeal from the judgment entered in this case would not be taken in good faith. See 28 U.S.C. § 1915(a).
9-21-2010
Date