USA v. Barden

Filing 49

ORDER Adopting Report and Recommendation Setting Aside 31 Defendant's Objection to the Garnishment Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA
Plaintiff,
v.
Case No: 91-10437
DANIEL BARDEN
Defendant.
And
CHEMICAL BANK.
Garnishee Defendant.
______________________________/
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
This matter case was referred to United States Magistrate Judge Charles E.
Binder pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. The magistrate judge
issued his report on March 18, 2011, recommending that defendant’s objection to the
Garnishment (Doc #31) be Set Aside. No objections have been filed pursuant to 28
U.S.C. 636(b)(1)(C), thus further appeal rights are waived.1
Having reviewed the file and the report, the court concludes that the findings and
conclusions of the Magistrate Judge are correct and ADOPTS the same for purposes of
this Order.

1

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).

ORDER
IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report
and Recommendation, Defendant’s Objections to the Garnishment are SET ASIDE.

IT IS SO ORDERED.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: July 11, 2011

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, July 11, 2011, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\Lisa's Folder\91-10437 BARDEN Order adopting Report and Rec.wpd