United States of America v. Thomas

Filing 32

ORDER Adopting Report and Recommendation for 31 Report and Recommendation Signed by District Judge David M. Lawson. (PPau)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. RAYWARD THOMAS, also known as Raynard Thomas, also known as Raymond Thomas, Defendant, and MICHIGAN DEPARTMENT OF TREASURY, and KEY BANK (any and all accounts), Garnishees. ______________________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND OVERRULING THE DEFENDANT'S OBJECTION TO THE WRITS OF GARNISHMENT AND ALLOWING THE PLAINTIFF TO PROCEED WITH COLLECTION EFFORTS This matter is before the Court on a report issued by Magistrate Judge Michael Hluchaniuk on November 6, 2009 pursuant to 28 U.S.C. § 636(b)(1)(B) and E.D. Mich. LR 72.1, recommending that the Court reject the defendant's objection to the plaintiff's writs of garnishment and allow the plaintiff to proceed with its collection efforts. 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, the petitioner did not file any objections. The petitioner's 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 Case No. 08-15048 Honorable David M. Lawson Magistrate Judge Michael Hluchaniuk

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 # 31] is ADOPTED, the defendant's objection to the writs of garnishment [dkt. # 19] is OVERRULED, and the plaintiff be allowed to proceed with its collection efforts consistent with requirements of the law. The Clerk may issue appropriate process. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: December 1, 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 1, 2009. s/Teresa Scott-Feijoo TERESA SCOTT-FEIJOO