Opinion
Case Number 06-13381-BC.
December 6, 2006
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING CASE
This matter is before the Court on a report issued by Magistrate Judge Charles E. Binder on September 20, 2006. The magistrate judge recommended that the plaintiff's case, in which he claimed that prison officials lost his personal items, be dismissed with prejudice for failure to state a claim on which relief may be granted, under 28 U.S.C. § 1915A, 28 U.S.C. § 1915(e), and 42 U.S.C. § 1997e(c)(1). The plaintiff filed no objections within ten days of service of the report.
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.
On October 2, 2006, the plaintiff filed a motion for extension of time to object within ten days of service of the report. The plaintiff states his need to research a complex area of law, but this basis is inadequate to justify granting the plaintiff additional time. See Fed.R.Civ.P. 6(b).
Accordingly, it is ORDERED that the magistrate judge's report and recommendation [dkt #9] is ADOPTED and the case is DISMISSED WITH PREJUDICE.
It is further ORDERED that the plaintiff's motion for an extension of time [dkt #10] is DENIED.