Nanney v. Wells Fargo Bank N.A.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:26-cv-00040-MR-WCM
JAMES DAVID NANNEY, )
)
Plaintiff, )
)
vs . ) O R D E R
)
WELLS FARGO BANK N.A., )
)
Defendant. )
________________________________ )
THIS MATTER is before the Court on the Defendant’s Motion to
Dismiss [Doc. 4] and the Magistrate Judge’s Memorandum and
Recommendation [Doc. 11] regarding the disposition of the Motion to
Dismiss.
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation
of this Court, the Honorable W. Carleton Metcalf, United States Magistrate
Judge, was designated to consider the above-referenced motion and to
submit a recommendation for its disposition.
On April 17, 2026, the Magistrate Judge issued a Memorandum and
Recommendation, recommending that the case be remanded to state court
and that the Motion to Dismiss be “reserved for further action by the state
court.” [Doc. 11 at 6]. The parties were advised that any objections to the
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Magistrate Judge’s Memorandum and Recommendation were to be filed in
writing within fourteen (14) days of service. [Id. at 7]. The period within which
to file objections has now expired, and no written objections to the
Memorandum and Recommendation have been filed.
After a careful review of the Memorandum and Recommendation, the
Court concludes that the Magistrate Judge’s proposed conclusions of law
are correct and consistent with current case law. Accordingly, the Court
accepts the Magistrate Judge’s recommendation.
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 11] is ACCEPTED, this case is hereby REMANDED
to the General Court of Justice Superior Court Division of Henderson County,
North Carolina for further proceedings, and the Motion to Dismiss [Doc. 4] is
DENIED as moot. The Clerk of Court is respectfully directed to provide a
certified copy of this Order to the Henderson County Superior Court Clerk.
IT IS SO ORDERED.
Signed: May 8, 2026
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