Opinion
Civil Case No. 05-40106.
January 31, 2006
ORDER ACCEPTING REPORT AND RECOMMENDATION
Plaintiff's complaint is a civil rights action filed under 42 U.S.C. § 1983. Before the Court is Defendant's motion to dismiss and the Report and Recommendation of the Honorable Wallace Capel, Jr., United States Magistrate Judge. The Magistrate Judge recommends that this Court grant Defendant's motion and dismiss Plaintiff's complaint for failure to exhaust his administrative remedies. The Magistrate Judge filed the Report and Recommendation on November 1, 2005 and notified all the parties that any objections must be filed within ten days of service. Neither party has 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 17] is ACCEPTED and ADOPTED as the opinion of this Court.
IT IS FURTHER ORDERED that Defendant's motion to dismiss [docket entry 9] is GRANTED. IT IS FURTHER ORDERED that this action, No. 05-40106, is DISMISSED WITH PREJUDICE.
SO ORDERED.