United States of America v. Jones
ORDER Adopting Report and Recommendation for 17 Report and Recommendation to Permit Garnishment & Deny Without Prejudice Defendant's Claim for Exemption Signed by District Judge Patrick J. Duggan. (MOre)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
UNITED STATES OF AMERICA,
Case No. 11-11319
Honorable Patrick J. Duggan
CLIFFORD E. JONES,
OPINION AND ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION TO PERMIT GARNISHMENT AND DENY WITHOUT
PREJUDICE DEFENDANT’S CLAIM FOR EXEMPTION
On March 30, 2011, the Government filed this lawsuit seeking to collect unpaid
student loans from Defendant. A Default Judgment in the amount of $2,412.14
eventually was entered against Defendant after he failed to respond to the Complaint.
The Government thereafter obtained a Writ of Continued Garnishment directed to the
Michigan Department of Treasury in an attempt to collect on the Judgment. On October
26, 2011, Defendant filed a “Request for hearing about the garnishment and claim for
exemption.” This Court referred Defendant’s filing to Magistrate Judge Laurie J.
Michelson on October 27, 2011, pursuant to 28 U.S.C. § 636(b)(3).
Magistrate Judge Michelson conducted a hearing with respect to the garnishment
and Defendant’s claim for an exemption thereto on December 1, 2011. On the same date,
Magistrate Judge Michelson issued a Report and Recommendation, recommending that
this Court permit the garnishment and deny Defendant’s claim for exemption without
prejudice. At the conclusion of the R&R, Magistrate Judge Michelson advises the parties
that they may object and seek review of the R&R within fourteen days of service upon
them. (R&R at 4-5.) She further specifically advises the parties that “[f]ailure to file
specific objections constitutes a waiver of any further right to appeal.” (Id. (citations
omitted).) Neither party filed objections to the R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Michelson.
IT IS ORDERED, that Defendant’s claim for exemption to the garnishment is
DENIED WITHOUT PREJUDICE and the garnishment is PERMITTED.
Date: February 2, 2012
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Charles Holzman, Esq.
Clifford E. Jones
1410 Washington Blvd.
Detroit, MI 48226
Magistrate Judge Laurie J. Michelson
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