Opinion
Case Number 11-CV-11432
10-25-2011
UNITED STATES OF AMERICA, Plaintiff, v. DARRIN C. DARGA, Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION
AND GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
This matter is before the Court on the report and recommendation (ECF No. 9) issued by Magistrate Judge Charles E. Binder on September 19, 2011, on Plaintiff's motion to for summary judgment (ECF No. 7). Judge Binder recommends that the Court grant Plaintiff's motion for summary judgment on the amount due on a promissory note allegedly executed in 2000 by Defendant to secure a Direct Consolidation Loan from the U.S. Department of Education. Judge Binder recommends that the Court grant Plaintiff's motion because it has met its burden of establishing that Defendant endorsed a promissory note of which Plaintiff is the present owner and that the note is in default.
As of today's date, no party has filed any objections to Judge Binder's report and recommendation. The failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n 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 record. Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, it is ORDERED that Judge Binder's report and recommendation (ECF No. 9) is ADOPTED.
It is further ORDERED that Plaintiff's motion for summary judgment (ECF No. 7) is GRANTED.
It is further ORDERED that Plaintiff is DIRECTED to submit a judgment calculating the prejudgment interest and taxable costs on or before November 7, 2011.
THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney of record herein by electronic means and upon Damn C Darga, at 1175 Larke Avenue, P.O. Box 454, Rogers City, MI 49779 by first class U.S. mail on October 25, 2011.
TRACY A. JACOBS