Ortiz v. Green Meadows Farms, Inc.

Full title: JOSE LUIS ORTIZ, Plaintiff, v. GREEN MEADOWS FARMS, INC., Defendant

Court: United States District Court, E.D. Michigan, Northern Division

Date published: Dec 15, 2005

Case No: 05-10185 (E.D. Mich. Dec. 15, 2005)

Opinion

Case No: 05-10185.

December 15, 2005

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND DISMISSING CASE

DAVID LAWSON, District Judge

Presently before the Court is the report issued on November 9, 2005 by Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. § 636(b)(1)(B), recommending that this Court dismiss the plaintiff's case for failure to prosecute. 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 parties' 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 motion. 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 [dkt # 7] is ADOPTED, and the complaint is DISMISSED.