Opinion
CASE NO: 10-CV-11460-DT
02-08-2012
DOMINIC CASTLEBERRY, Plaintiff, v. DAIMLER CHRYSLER TRUCK FINANCIAL , aka CHRYSLER FINANCIAL SERVICES AMERICAS, LLC., Defendant .
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION DENYING PLAINTIFF'S
MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION
This matter is before the court on Plaintiff Dominic Castleberry's motion to dismiss Defendant's counterclaim (Docket #62). This matter was referred to United States Magistrate Judge Charles Binder pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. In his Report, the magistrate judge recommended that this court deny Plaintiff's motion. No objections have been filed pursuant to 28 U.S.C.§ 636(b)(1)(C), thus further appeal rights are waived.
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).
Having reviewed the file and the Report, the court concludes that the findings and conclusions of the magistrate judge are correct and ADOPTS the same for purposes of this Order.
Accordingly, IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, Plaintiff's Motion to dismiss the Defendant's counterclaim is DENIED.
_____________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, February 8, 2012, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522