Opinion
Case Number 06-10536-BC.
March 20, 2007
This matter is before for the Court on a report issued by Magistrate Judge Charles E. Binder on February 27, 2007 recommending that the defendants' motions for summary judgment or to dismiss be granted, the plaintiff's motion to amend be denied, and the case be dismissed. 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 [dkt # 58] is ADOPTED, the defendants' motions for summary judgment or to dismiss [dkt #s 37, 41, 57] are GRANTED, the plaintiff's motion to amend is DENIED [dkt # 51] and the case is DISMISSED WITH PREJUDICE.