Allen v. Wells Fargo Home Mortgage Bank, N.A.

District Court, E.D. North Carolina

Allen v. Wells Fargo Home Mortgage Bank, N.A.

Trial Court Opinion

"INTHE UNITED STATES DISTRICT COURT _ FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:22-CV-104-D

WANDA MARIE ALLEN, ) Plaintiff, . . v. ORDER WELLS FARGO HOME MORTGAGE BANK,NA, )

Defendant.

Plaintiff, appearing pro se, filed motions to proceed in forma pauperis [D.E. 1, 6, 12]. Pursuant to

28 U.S.C. § 636

(b)(1), the court referred the matter to Magistrate Judge Kimberly A. Swank for a memorandum and recommendation on the plaintiff's motions to proceed in forma ‘pauperis and for a frivolity review [D.E. 11]. On June 20, 2022, Magistrate Judge Swank issued a Memorandum and’ Recommendation (“M&R”) and recommended that plaintiff's application to "proceed in forma pauperis be denied and that plaintiff be given until July 25, 2022, to pay the requisite fee. See [D.E. 21]. On July 11, 2022, plaintiff responded to the M&R and states, “I have agreed to pay the application fee for this case by July 25, 2022.” [D.E. 21]. “The Federal Magistrates Act requires a district court to make a de novo determination of those portions of the magistrate judge’s report or specified proposed findings or recommendations

. to which objection is made.” Diamond v. Colonial Life & Accident Ins. Co.,

416 F.3d 310

, 315 □□□□ Cir. 2005) (cleaned up); see

28 U.S.C. § 636

(b). Absent a timely objection, “a district court need not conduct ade 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.” Diamond,

416 F.3d at 315

(quotation

omitted). Ifa party makes only general objections, de novo review is not required. See Wells v. Shriners Hosp.,

109 F.3d 198, 200

(4th Cir. 1997). In “order to preserve for appeal an issue in a magistrate judge’s report, a party must object to the finding or recommendation on that issue with sufficient specificity so as reasonably to alert the district court of the true ground for the objection.” Martin v. Duffy,

858 F.3d 239, 245

(4th Cir. 2017) (quotation omitted); see United States v. ette, 478 F.3d,616, 622 (4th Cir. 2007). □ The court has reviewed the M&R, the record, and plaintiff's response. The court is satisfied that there is no clear error on the face of the record. sum, the court ADOPTS the M&R [D.E. 21]. Plaintiff SHALL pay the $402.00 filing fee not later than July 25, 2022. If plaintiff fails to pay the filing fee by July 25, 2022, the clerk stiall close the case without further order from the court. SO ORDERED. This /3 day of July, 2022.

JAMES C. DEVER II . United States District Judge

. ,

Reference

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