Maerz v. Wells Fargo Equipment Finance Inc, No. 3:2008cv02827 - Document 25 (D.S.C. 2009)
Court Description: OPINION AND ORDER RULING ON REPORT AND RECOMMENDATIONS for 8 Motion to Dismiss, filed by Wells Fargo Equipment Finance Inc, 22 Report and Recommendations. The Report and Recommendation is adopted and Defendant's motion to dismiss is granted for the reasons set forth in the Report and Recommendation. Signed by Honorable Cameron McGowan Currie on 2/12/2009. (cbru, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION MICHAEL MAERZ, ) ) Plaintiff, ) ) ) ) WELLS FARGO EQUIPMENT FINANCE, INC., ) ) Defendant. ) __________________________________________) C.A. No. 3:08-2827-CMC-JRM OPINION AND ORDER ON MOTION TO DISMISS This matter is before the court for review of the Report and Recommendation ( Report ) entered on January 21, 2009. For the reasons set forth below, the Report is adopted and Defendant s motion to dismiss is granted. STANDARD 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. ยง 636(b)(1). The court reviews only for clear error in the absence of an objection. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that in the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation. ) (quoting Fed. R. Civ. P. 72 advisory committee s note). DISCUSSION The court has carefully reviewed the Report and Plaintiff s objections. The court finds Plaintiff s objections are all adequately and properly addressed by the Report. The court further agrees with both the rationale and recommendation of the Magistrate Judge and adopts both as its own. CONCLUSION Wherefore, the Report and Recommendation is adopted and Defendant s motion to dismiss is granted for the reasons set forth in the Report and Recommendation. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina February 12, 2009 2
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