Opinion
Case No. 04-10220-BC.
August 15, 2006
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING JUDGMENT FOR PLAINTIFF
This matter is before the Court on a report issued by Magistrate Judge Charles E. Binder on July 17, 2006 pursuant to 28 U.S.C. § 636(b)(1)(B) and E.D. Mich. LR 72.1, recommending that the Court enter a default judgment against defendant Strnad Rivet Company and in favor of the plaintiff in the amount of $1,250,000. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within ten days of service of the report, defendant Strnad did not file any objections. The defendant's failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation [dkt # 57] is ADOPTED, and judgment is awarded in favor of the plaintiff.