Summary
In McCain, the student loan promissory note had a label affixed to the back yet the court still granted summary judgment in favor of the government, determining the defendant remained liable for the terms agreed upon.
Summary of this case from United States v. DavisOpinion
Case Number 06-13830.
December 20, 2007
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO DAMAGES
Presently before the Court is the report issued on October 5, 2007 by Magistrate Judge Paul J. Komives pursuant to 28 U.S.C. § 636(b), recommending that this Court grant the plaintiff's motion for summary judgment as to damages and enter judgment against the defendant in the amount of $4,261.33, the sum sought in the complaint. 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, no objections have been filed. The parties' 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 # 13] is ADOPTED.
It is further ORDERED that the plaintiff's motion for summary judgment as to damages [dkt # 9] is GRANTED. A judgment will follow this date.