Opinion
CIVIL ACTION NO. 1:16-CV-66
07-20-2016
LAWRENCE HAYES, JR., Plaintiff, v. ERICKA JOHNSON/ CUSTOMER ACCOUNT TEAM LEAD, AMERICAN HONDA FINANCE, CAPITAL ONE/ ATTORNEYS, and EXPERIAN/ REPRESENTATIVES, Defendants.
(BAILEY)
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Judge Michael J. Aloi [Doc. 42]. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Aloi for submission of a proposed report and a recommendation ("R & R"). Magistrate Judge Aloi filed his R&R on June 29, 2016, wherein he recommends this Court deny and dismiss the plaintiff's complaint and motions, and grant all of defendants' pending motions to dismiss.
Pursuant to 28 U.S.C. § 636(b)(1)(c), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, 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). In addition, failure to file timely objections constitutes a waiver of de novo review and the right to appeal this Court's Order. 28 U.S.C. § 636(b)(1); Snyder v. Ridenour , 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce , 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge Aloi's R&R were due within fourteen (14) days of receipt, pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). The docket reflects that service was accepted on July 1, 2016 [Doc. 43]. No objections have been filed. Accordingly, this Court will review the R&R for clear error.
Upon careful review of the above, it is the opinion of this Court that the Report and Recommendation [Doc. 42] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Accordingly, this Court ORDERS that the plaintiff's Complaint [Doc. 1-1] be DENIED and DISMISSED WITH PREJUDICE. Additionally, the Motion to Dismiss for Failure to State a Claim by American Honda Finance [Doc. 10], the Motion to Dismiss for Failure to State a Claim by Ericka Johnson/ Customer Account Team Lead [Doc. 12], the Motion to Dismiss for Failure to State a Claim by Capital One/ Attorneys [Doc. 14], and the Motion to Dismiss by Experian/ Representatives [Doc. 16] are all GRANTED. Moreover, plaintiff's Motion for Default Judgment [Doc. 22] and Motion for Summary Judgment [Doc. 23] are DENIED. This Court further DIRECTS the Clerk to enter judgment in favor of the defendants and to STRIKE this case from the active docket of this Court.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to any counsel of record and to mail a copy to the pro se plaintiff.
DATED: July 20, 2016.
/s/ _________
JOHN PRESTON BAILEY
UNITED STATES DISTRICT JUDGE