United States of America v. Bidoul

Filing 12

ORDER Adopting 11 Report and Recommendation for 7 Motion for Summary Judgment filed by United States of America, and Directing Plaintiff to File a Proposed Judgment Signed by District Judge Thomas L Ludington. (DEld)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, Case Number 09-12041 Honorable Thomas L. Ludington v. KATHERINE J. BIDOUL, Defendant. ______________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND DIRECTING PLAINTIFF TO FILE A PROPOSED JUDGMENT On May 27, 2009, Plaintiff United States of America filed a complaint [Dkt # 1] against Defendant Katherine J. Bidoul regarding student loan indebtedness. On September 29, 2009, Plaintiff filed a motion for summary judgment [Dkt. # 7]. While Defendant answered the complaint, Defendant did not respond to Plaintiff's motion for summary judgment. Now before the Court is the report and recommendation of the magistrate judge [Dkt. # 11], issued on November 17, 2009, recommending that Plaintiff's motion be granted. As of today's date, no party has filed any objections to the magistrate judge's report and recommendation. The failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n 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 record. Thomas v. Arn, 474 U.S. 140, 149 (1985).

Accordingly, it is ORDERED that the report and recommendation of the magistrate judge [Dkt. # 11] is ADOPTED. It is further ORDERED that Plaintiff's motion for summary judgment [Dkt. # 7] is GRANTED. It is further ORDERED that Plaintiff is DIRECTED to FILE a proposed judgment on or before December 23, 2009. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: December 10, 2009

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 December 10, 2009. s/Tracy A. Jacobs TRACY A. JACOBS

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