Opinion
No. 00 CV 3252 (SJ).
June 22, 2004
SOLOMON SOLOMON Five Columbia Circle Albany, NY, By: Douglas M. Fisher, Esq., Attorneys for Plaintiff.
MEMORANDUM ORDER
Plaintiff United States of America ("Plaintiff") brought this action to recover sums owed by Defendant, Kevin Bracy ("Defendant"), on a defaulted student loan. After Defendant defaulted in answering, this Court entered default judgment against Defendant in the amount of $4,832.04, with interest due from July 14, 2000. On December 18, 2000, Plaintiff filed an application for a writ of continuing garnishment directed at Beehive Beer Distributors ("Garnishee"). On March 12, 2001, Plaintiff and Defendant filed a stipulation for payment of the judgment entered. On October 11, 2002, Plaintiff submitted a motion and supporting declaration to enforce the writ of garnishment issued. The Garnishee never responded to the writ of garnishment. This Court referred the matter to Magistrate Judge Marilyn D. Go for a Report and Recommendation. The Court adopts Judge Go's Report and Recommendation in its entirety.
A district court judge may designate a magistrate to hear and determine certain motions pending before the Court and to submit to the Court proposed findings of fact and a recommendation as to the disposition of the motion. See 28 U.S.C. § 636(b)(1). Within ten days of service of the recommendation, any party may file written objections to the magistrate's report. See id. Upon de novo review of those portions of the record to which objections were made, the district court judge may affirm or reject the recommendations. See id.
The Court is not required to review the factual or legal conclusions of the magistrate judge as to those portions of the report and recommendation to which no objections are addressed.See Thomas v. Arn, 474 U.S. 140, 150, 106 S. Ct. 466, 88 L.Ed. 2d 435 (1985). In addition, failure to file timely objections may waive the right to appeal this Court's Order. See 28 U.S.C. § 636(b)(1); Small v. Sec'y of Health Human Servs., 892 F.2d 15, 16 (2d Cir. 1989).
In this case, Judge Go recommended that Plaintiff's motion to enforce the writ of garnishment be granted and that judgment be entered against the Garnishee in the amount of $4,832.04, plus interest from the date of the original judgment. Objections to Judge Go's recommendations were due within 10 days of receipt of her April 19, 2004 order. No objections to the Report and Recommendation were filed with this Court. Upon review of the recommendation, this Court adopts and affirms the Report and Recommendation of Magistrate Judge Go.
SO ORDERED.