Opinion
Case Number 07-14615.
December 19, 2007
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT
Presently before the Court is the report issued on November 28, 2007, by Magistrate Judge Donald A. Scheer pursuant to 28 U.S.C. § 636(b) recommending that this Court dismiss the pro se plaintiff's complaint for lack of subject matter jurisdiction and for failing to state a claim upon which relief can be granted. 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 # 3] is ADOPTED.
It is further ORDERED that the plaintiff's complaint is DISMISSED.