Opinion
Civil No. 05-10056-BC, Criminal No. 03-20014-BC.
June 22, 2005
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING PETITIONER'S MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE
Presently before the Court is the report issued by United States Magistrate Judge Charles E. Binder pursuant to an order of reference recommending that the petitioner's motion to vacate, set aside, or correct sentence filed pursuant to 28 U.S.C. § 2255 be denied for lack of merit. Although the magistrate judge's report, issued on June 1, 2005, 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, the petitioner did not file any objections.
The petitioner'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 plaintiffs' claims. 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 is ADOPTED.
It is further ORDERED that the petitioner's motion to vacate, set aside, or correct sentence [dkt # 40] is DENIED.