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JAMES HAMBY, Plaintiff, v. BROCK AND SCOTT, PLLC, Defendant.

JAMES C. DEVER III Chief United States District Judge

ORDER

On January 29, 2015, the court dismissed James Hamby's ("Hamby" or "plaintiff") complaint for failure to comply with Rule 8 of the Federal Rules of Civil Procedure. See [D.E. 16]. Alternatively, the court dismissed the complaint for failure to state a claim upon which relief can be granted. See id.; Fed. R. Civ. P. 12(b)(6).

On June 11, 2015, the court granted Hamby's motion to amend and directed him to file an amended complaint not later than June 30, 2015. See [D.E. 23]. On June 16, 2015, Hamby filed an amended complaint (including attachments), asserting that Brock & Scott, PLLC ("Brock & Scott" or "defendant") violated the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq. See [D.E. 24].

On July 15, 2015, Brock & Scott moved to dismiss Hamby's amended complaint for failure to comply with Rule 8 and for failure to state a claim upon which relief can be granted [D.E. 27]. See Fed. R. Civ. P. 8, 12(b)(6); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56 (2007). On August 6, 2015, Hamby responded in opposition. See [D.E. 30].

The court has reviewed the amended complaint with the deference due to a pro se litigant. See, e.g., Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). Nonetheless, Hamby has failed to plausibly allege that Brock & Scott violated the FDCPA. See, e.g., Wiggins v. Planet Home Lending, LLC, No. 5:14-CV-862-D, 2015 WL 3952332, at *6, 8 (E.D.N.C. June 29, 2015) (unpublished); Bryant v. Wells Fargo Bank, Nat'l Ass'n, 861 F. Supp. 2d 646, 651-54 (E.D.N.C. 2012); Johnson v. BAC Home Loans Servicing, LP, 867 F. Supp. 2d 766, 779-84 (E.D.N.C. 2011); Woodv v. Bank of Am. Corp., No. 5:09-CV-398-D, 2010 WL 2332732, at *3 (E.D.N.C. June 9, 2010) (unpublished). Thus, Hamby fails to state a claim upon which relief can be granted.

In sum, defendant's motion to dismiss [D.E. 27] is GRANTED, and the amended complaint is DISMISSED with prejudice. The clerk shall close the case.

SO ORDERED. This 2 day of November 2015.

/s/_________


JAMES C. DEVER III


Chief United States District Judge



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Hamby v. Brock & Scott, PLLC
(Nov 2, 2015)