From Casetext: Smarter Legal Research

Brown v. Wachovia Bank

United States District Court, D. South Carolina, Anderson/Greenwood Division
Oct 20, 2011
C.A. No. 8:10-1816-HMH-JDA (D.S.C. Oct. 20, 2011)

Summary

explaining that creditors are not "debt collectors" if they are in the business of lending money and are collecting their own debts

Summary of this case from Champion v. Bank of Am., N.A.

Opinion

C.A. No. 8:10-1816-HMH-JDA.

October 20, 2011


OPINION ORDER


This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Jacquelyn D. Austin, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina.

The magistrate judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objection is made, and the court may accept, reject, or modify, in whole or in part, the recommendation of the magistrate judge or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1) (2006).

The Plaintiff filed no objections to the Report and Recommendation. In the absence of objections to the magistrate judge's Report and Recommendation, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). The court must "only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Diamond v. Colonial Life Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).

After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Austin's Report and Recommendation and incorporates it herein. It is therefore

ORDERED that the Defendant's motion for summary judgment, docket number 44, is granted.

IT IS SO ORDERED.

NOTICE OF RIGHT TO APPEAL

The Plaintiff is hereby notified that he has the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.


Summaries of

Brown v. Wachovia Bank

United States District Court, D. South Carolina, Anderson/Greenwood Division
Oct 20, 2011
C.A. No. 8:10-1816-HMH-JDA (D.S.C. Oct. 20, 2011)

explaining that creditors are not "debt collectors" if they are in the business of lending money and are collecting their own debts

Summary of this case from Champion v. Bank of Am., N.A.
Case details for

Brown v. Wachovia Bank

Case Details

Full title:Frankie L. Brown, Plaintiff, v. Wachovia Bank, Defendant

Court:United States District Court, D. South Carolina, Anderson/Greenwood Division

Date published: Oct 20, 2011

Citations

C.A. No. 8:10-1816-HMH-JDA (D.S.C. Oct. 20, 2011)

Citing Cases

Scott v. Chrome Capital, LLC

The general distinction between debt collectors and non-debt collectors under the FDCPA is whether the…

Moss v. Hutchens Law Firm

Upon de novo review of the record, the applicable law, and the Report, the Court agrees with the…