ORDER (1) Accepting the Report and Recommendation of the Magistrate Judge Dated December 29, 2016 (Dkt. 28 ), and (2) Granting Plaintiff's Unopposed Motions for Costs (Dkt. 21 ) and Sanctions (Dkt. 22 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
In re VASAN DESHIKACHAR,
Bankruptcy Case No. 13-62545
Adv. Proc. No. 14-4318
Plaintiff / Appellee,
Case No. 15-cv-11679
HON. MARK A. GOLDSMITH
Defendant / Appellant.
ORDER (1) ACCEPTING THE REPORT AND RECOMMENDATION OF THE
MAGISTRATE JUDGE DATED DECEMBER 29, 2016 (Dkt. 28), AND (2) GRANTING
PLAINTIFF’S UNOPPOSED MOTIONS FOR COSTS (Dkt. 21) AND SANCTIONS (Dkt.
This matter is presently before the Court on the Report and Recommendation (“R&R”) of
Magistrate Judge Elizabeth A. Stafford, issued on December 29, 2016 (Dkt. 28). In the R&R,
the magistrate judge recommends granting Plaintiff’s unopposed motions for costs (Dkt. 21) and
sanctions (Dkt. 22).
The parties have not filed objections to the R&R, and the time to do so has expired. See
Fed. R. Civ. P. 72(b)(2). The failure to file a timely objection to an R&R constitutes a waiver of
the right to further judicial review. See Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not
appear that Congress intended to require district court review of a magistrate’s factual or legal
conclusions, under a de novo or any other standard, when neither party objects to those
findings.”); Smith v. Detroit Fed’n of Teachers, 829 F.2d 1370, 1373-1374 (6th Cir. 1987)
(failure to file objection to R&R “waived subsequent review of the matter”); Cephas v. Nash,
328 F.3d 98, 1078 (2d Cir. 2003) (“As a rule, a party’s failure to object to any purported error or
omission in a magistrate judge’s report waives further judicial review of the point.”); Lardie v.
Birkett, 221 F. Supp. 2d 806, 807 (E.D. Mich. 2002) (“As to the parts of the report and
recommendation to which no party has objected, the Court need not conduct a review by any
standard.”). There is some authority that a district court is required to review the R&R for clear
error. See Fed. R. Civ. P. 72 Advisory Committee Note Subdivision (b) (“When no timely
objection is filed, the court need only satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.”). Therefore, the Court has reviewed the R&R for
On the face of the record, the Court finds no clear error and accepts the
Accordingly, the Court grants Plaintiff’s unopposed motions for costs (Dkt. 21) and
sanctions (Dkt. 22).
Dated: January 19, 2017
s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and
any unrepresented parties via the Court's ECF System to their respective email or First Class
U.S. mail addresses disclosed on the Notice of Electronic Filing on January 19, 2017.
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