MCHAM, et al v. WELLS FARGO BANK et al
| KENNETH O. MCHAM and PATRICIA D. SMITH |
| JERRY MCCRAY, TOMMIE HICKS, ALPHONZO LEON SMITH, STACEY SAUNDERS, JOHN STUMPF, WELLS FARGO BANK, TONI MCCRAY and JANICE MCCRAY |
| 1:2014cv00997 |
| November 25, 2014 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Forsyth |
| Banks and Banking |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
5
MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 12/17/2014. Plaintiff McHam's alleged power of attorney does not permit him to litigate on behalf of Plaintiff Smith . In addition, Plaintiff McHam has failed to state a claim for false arrest on his own behalf. Finally, the Court should decline supplemental jurisdiction over Plaintiffs' remaining state-law claims.ORDERED that Plaintiffs' Motion to Proceed In Forma Pauperis is granted. RECOMMENDED that Plaintiff Smith's federal claims be dismissed for lack of subject matter jurisdiction, that Plaintiff McHam's claims be dismissed for failure to state a claim, and that supplemental jurisdiction over any state-law claims be declined pursuant to 28 U.S.C. § 1367(c)(3).(Taylor, Abby)
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