Opinion
Civil Action No. 11-cv-03387-CMA-KLM
09-17-2012
SHERRON L. LEWIS, JR., Plaintiff, v. WELLS FARGO BANK NA, and DEBRA JOHNSON, in her official and personal capacities, Defendants.
Judge Christine M. Arguello
ORDER ADOPTING AND AFFIRMING AUGUST 21, 2012
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
This case was referred to United States Magistrate Judge Kristen L. Mix, pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72. On August 21, 2012, Magistrate Judge Mix issued a Recommendation (Doc. # 29) concerning three pending motions. Specifically, the Magistrate Judge recommended that the Motion to Dismiss Submitted by Debra Johnson, Public Trustee for the City and County of Denver (Doc. # 5), and Defendant Wells Fargo Bank, N.A.'s Motion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (6) (Doc. # 26) be granted. The Magistrate Judge also recommended that Plaintiff's Motion for Leave to Amend Complaint (Doc. # 23) be denied.
On September 4, 2012, Plaintiff, proceeding pro se, filed timely objections to the Recommendation. (Doc. # 30.) This Court has conducted a de novo review of this matter, including carefully reviewing all relevant pleadings, the Recommendation, and Plaintiff's Objections to the Recommendation.
Because Plaintiff is proceeding pro se, the Court "review[s] his pleadings and other papers liberally and hold[s] them to a less stringent standard than those drafted by attorneys." Trackwell v. U.S. Gov't, 472 F.3d 1242, 1243 (10th Cir. 2007) (citing Haines v. Kerner, 404 U.S. 519, 520 (1972)).
Based on this de novo review, this Court concludes that the Magistrate Judge Mix's thorough and comprehensive analyses and recommendations are correct. In his Objections, Plaintiff fails to raise any new issues of law or fact that would warrant a different conclusion. Therefore, Plaintiff's Objections are OVERRULED and the Court hereby ADOPTS the Recommendation of the United States Magistrate Judge as the findings and conclusions of this Court.
Accordingly, it is ORDERED THAT:
(1) The Motion to Dismiss Submitted by Debra Johnson, Public Trustee for the City and County of Denver (Doc. # 5) be GRANTED;
(2) Plaintiff's Motion for Leave to Amend Complaint (Doc. # 23) be DENIED; and
(3) Defendant Wells Fargo Bank, N.A.'s Motion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (6) (Doc. # 26) be GRANTED. Plaintiff's FDCPA claim against Wells Fargo is DISMISSED WITH PREJUDICE. All other claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
In light of the above, IT IS FURTHER ORDERED that this case is DISMISSED in its entirety.
BY THE COURT:
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CHRISTINE M. ARGUELLO
United States District Judge