Opinion
Case Number 05-10330-BC.
May 25, 2006
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING CASE
This matter is before for the Court on a report issued by Magistrate Judge Charles E. Binder on April 13, 2006, recommending that the plaintiff's complaint be dismissed sua sponte for failure to state a claim upon which relief can be based. Although the magistrate judge's report 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, no objections have been filed. The plaintiff'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 record. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation is ADOPTED and the case is DISMISSED WITH PREJUDICE.