Howard R. Athon, Jr. v. Direct Merchants Bank, No. 07-11862 (11th Cir. 2007)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 07-11862 Non-Argument Calendar ________________________ OCTOBER 15, 2007 THOMAS K. KAHN CLERK D. C. Docket No. 06-00001-CV-CAR-5 HOWARD R. ATHON, JR., Plaintiff-Counter Defendant-Appellant, versus DIRECT MERCHANTS BANK, Defendant-Counter Claimant-Appellee. ________________________ Appeal from the United States District Court for the Middle District of Georgia _________________________ (October 15, 2007) Before DUBINA, CARNES and KRAVITCH, Circuit Judges. PER CURIAM: Appellant Howard R. Athon, Jr., proceeding pro se, appeals the district court s order compelling arbitration and dismissing the case with prejudice. Athon initially brought this action against appellee HSBC Bank Nevada, N.A. ( HSBC ), successor in interest to Direct Merchants Credit Card Bank, N.A. ( Direct Merchants ) in Georgia state court alleging violations of the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. §§ 1692 et seq. HSBC removed the case to federal court and moved to compel arbitration and stay or dismiss the action. The district court found that there existed an arbitration agreement and issued an order compelling arbitration and dismissing the suit with prejudice. After a thorough review of the record, we AFFIRM for the reasons given in the district court s order dated April 11, 2007. 2

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