Opinion
CIVIL CASE NO. 06-13302.
December 5, 2006
ORDER ACCEPTING REPORT AND RECOMMENDATION
Before the Court is the Report and Recommendation of the Honorable Donald A. Scheer, United States Magistrate Judge. The Magistrate Judge recommends that this Court deny Plaintiff's motion for a temporary restraining order. The Magistrate Judge served the Report and Recommendation on all parties on October 16, 2006 and notified the parties that any objections must be filed within ten days of service. Accordingly, any objections should have been filed by approximately November 2, 2006. Neither party filed objections to the Report and Recommendation.
The Court's standard of review for a Magistrate Judge's Report and Recommendation depends upon whether a party files objections. If a party does not object to the Report and Recommendation, the Court does not need to conduct a review by any standard. See Lardie v. Birkett, 221 F. Supp. 2d 806, 807 (E.D. Mich. 2002) (Gadola, J.). As the Supreme Court observed, "[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings." Thomas v. Arn, 474 U.S. 140, 150 (1985). Since neither party has filed objections to the Report and Recommendation, the Court need not conduct a review.
ACCORDINGLY, IT IS HEREBY ORDERED that the Report and Recommendation [docket entry 16] is ACCEPTED and ADOPTED as the opinion of this Court.
IT IS FURTHER ORDERED that Plaintiff's motion for a temporary restraining order [docket entry 5] is DENIED.
SO ORDERED.