Opinion
No. 1:99-cv-288.
April 10, 2001
John v. Cardone, For Plaintiff.
Kirk A. McCarville, J Michael Oehmler, For Defendents.
ORDER
On December 20, 2000, and in accordance with 28 U.S.C. § 636(b)(1)(B) (C), and N. D. Ind. L.R. 72.1(d)(1) this case was referred to Magistrate Judge Roger Cosbey to submit a Report and Recommendation on Count 1 of the Amended Complaint filed by the plaintiff, the United States of America against the Defendant, David E. Buckner. On February 27, 2001, Magistrate Judge Cosbey conducted a bench trial, and on March 14, 2001 issued his Report and Recommendation, recommending that judgment be GRANTED in favor of the United States of America and against David E. Buckner on Count 1 of the plaintiffs amended complaint. This Report and Recommendation also informed the parties that, pursuant to § 636(b)(1)(C) of the Federal Magistrates' Act, they had ten days after being served with a copy of the Report and Recommendation to file written objections with the Clerk of the Court, and that failure to object may constitute a waiver of objection on appeal. See also N.D.Ind. LR. 72(d)(2).
More than ten days have passed since the parties have been served with a copy of Magistrate Judge Cosbey's Report and Recommendation and no objections have been filed with the Clerk of the Court. Consequently, this court hereby ADOPTS Magistrate Judge Cosbey's Report and Recommendation, and GRANTS judgment in favor of the United States of America and against the defendant David E. Buckner on Count 1 of the plaintiffs amended complaint.