Opinion
Case No. 13-13601
02-26-2014
DIANE REINBOLD, Plaintiff, v. LAW OFFICE OF JOE PEZZUTO, LLC, Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING
COMPLAINT FOR FAILURE TO PROSECUTE
Diane Reinbold filed this action alleging violations of the Fair Debt Collection Practices Act. All pretrial matters in the case were referred to United States Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. § 636(b)(1).
On January 10, 2014, Judge Binder entered an order that Reinbold show cause why the case should not be dismissed for failure to prosecute. Although a response was due on January 24, Reinbold made no attempt to respond. Accordingly, on February 4, 2014, Judge Binder issued a report recommending that Reinbold's complaint be sua sponte dismissed for failure to prosecute. Judge Binder's report explicitly stated that the parties may object to and seek review of the recommendation within 14 days of service of the report, but as of today's date neither party has filed objections. The failure to object to Judge Binder's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Moreover, the failure to file objections to the report waives any further right to appeal. See Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).
Accordingly, it is ORDERED that the Judge Binder's report and recommendation, ECF No. 5, is ADOPTED.
It is further ORDERED that Reinbold's complaint, ECF No. 1, is sua sponte DISMISSED for failure to prosecute.
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THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on February 26, 2014
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TRACY A. JACOBS