Opinion
CASE NO. 5:11CV2422
05-01-2012
JOHN BROAD dba BROAD CAR SALES & SERVICE, Plaintiff, v. NORTH POINTE INSURANCE, CO., Defendant-Third-Party Plaintiff, v. TODD TUCKER, Third-Party Defendant.
JUDGE SARA LIOI
MEMORANDUM OPINION & ORDER
Before the Court is the interim report and recommendation ("R&R") of the Magistrate Judge, recommending that this Court deny pro se Third-party Defendant Todd Tucker ("Third-party Defendant" or "Tucker")'s motion to dismiss the third-party complaint filed by Defendant North Pointe Insurance Co. (Doc. 25.) Under the relevant statute:
[ ... ] Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(B); L.R. 72.3. In this case, the fourteen-day period has elapsed and no objections have been filed nor has any extension of time been sought.
The Magistrate Judge's R&R in this matter was filed April 2, 2012, and included an explanation that any objections would be due within fourteen days of Tucker's receipt of the R&R. The docket reflects that the R&R was mailed to Tucker on the same day that it was filed.
The failure to file written objections to a Magistrate Judge's R&R constitutes a waiver of a de novo determination by the district court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
The Court has reviewed the Magistrate Judge's R&R and adopts the same. Accordingly, Third-party Defendant's motion to dismiss is DENIED.
IT IS SO ORDERED.
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HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE