Summary
This order adopts a Magistrate Judge’s Report and Recommendation regarding Plaintiff Terri L. Jackson’s pro se civil lawsuit against Bancorp Bank. After screening the complaint under 28 U.S.C. § 1915(e)(2), the Magistrate Judge recommended dismissal with leave to amend, which the District Court adopts without objection. The Court grants Plaintiff thirty days to file a second amended complaint before formally dismissing the current pleading.
Topics
Practice areas
Questions Presented
- Whether the district court should adopt the magistrate judge's report and recommendation dismissing the plaintiff's amended complaint
Holdings
- The court adopted the magistrate judge's report and recommendation and dismissed the plaintiff's amended complaint, granting the plaintiff a chance to file a second amended complaint within 30 days.
Key quotations
“The Court agrees with the sound reasoning in Judge Bloom Report and finds no clear error on the face of the record.”
Factual background
Plaintiff Terri L. Jackson sued Bancorp Bank, N.A. alleging claims under the Fair Debt Collection Act. The complaint was transferred to the Middle District, and the plaintiff filed a supplement that the court treated as an amended complaint. The magistrate judge recommended dismissal of the amended complaint but permitted a second amendment.
Procedural history
Plaintiff filed suit in the Eastern District of Pennsylvania, transferred to the Middle District, filed a supplement construed as an amended complaint, and moved to proceed in forma pauperis. The magistrate judge issued a report and recommendation to dismiss the amended complaint and allow a further amendment. No objections were filed, and the district court adopted the report.
Remand instructions
Plaintiff may file a second amended complaint within 30 days, on or before April 12, 2025.