Theus v. Internal Revenue Service Criminal Investigation Division

Filing 8

ORDER Adopting Report and Recommendation 7 Denying 6 Motion for Emergency Stay of Complaint filed by Rhonda Denise Theus. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RHONDA DENISE THEUS,
Plaintiff,
v.

Case Number 15-14285
Honorable David M. Lawson
Magistrate Judge Stephanie Dawkins Davis

INTERNAL REVENUE SERVICE
CRIMINAL INVESTIGATION DIVISION,
Defendant, Third-Party Plaintiff,
v.
GREEN PLANET SERVICING, LLC,
Third-Party Defendant.
_______________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION DENYING PLAINTIFF’S
MOTION FOR EMERGENCY STAY OF COMPLAINT [DKT. #6]
Presently before the Court is the report issued on January 14, 2016 by Magistrate Judge
Stephanie Dawkins Davis pursuant to 28 U.S.C. § 636(b), recommending that the Court deny the
plaintiff’s motion for emergency stay of complaint. Although the magistrate judge’s report
explicitly stated that the parties to this action may object to and seek review of the recommendation
within fourteen days of service of the report, no objections have been filed thus far. The parties’
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 matter. 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.
#7] is ADOPTED.
It is further ORDERED that the plaintiff’s motion for emergency stay of complaint [dkt. #6]
is DENIED WITHOUT PREJUDICE.

s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: February 2, 2016
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 February 2, 2016.
s/Susan Pinkowski
SUSAN PINKOWSKI

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