Spratt v. Money Recovery Nation Wide et al

Filing 38

ORDER Accepting 37 Report and Recommendation, Signed by District Judge Laurie J. Michelson. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JAMES SPRATT,
Plaintiff,
v.

Case No. 17-12350
Honorable Laurie J. Michelson
Magistrate Judge R. Steven Whalen

MONEY RECOVERY NATION WIDE.,
et al.,
Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION [37]
DISMISSING DEFENDANTS MONEY RECOVERY NATION WIDE,
EXPERIAN AND TRANSUNION
Before the Court is Magistrate Judge R. Steven Whalen’s Report and Recommendation.
(ECF No. 37.) At the conclusion of his July 8, 2019 Report and Recommendation, Magistrate
Judge Whalen notified the parties that they were required to file any objections within fourteen
days of service, as provided in Federal Rule of Civil Procedure 72(b)(2) and Eastern District of
Michigan Local Rule 72.1(d), and that “[f]ailure to file specific objections constitutes a waiver of
any further right of appeal.” (ECF No. 37, PageID.142.) No objections have been filed. As it is
now July 29, 2019, the time to file objections has expired.
The Court finds that the parties’ failure to object is a procedural default, waiving review of
the Magistrate Judge’s findings by this Court. In United States v. Walters, 638 F.2d 947, 949–50
(6th Cir. 1981), the Sixth Circuit established a rule of procedural default, holding that “a party
shall file objections with the district court or else waive right to appeal.” And in Thomas v. Arn,
474 U.S. 140, 144 (1985), the Supreme Court explained that the Sixth Circuit’s waiver-ofappellate-review rule rested on the assumption “that the failure to object may constitute a

procedural default waiving review even at the district court level.” 474 U.S. at 149; see also
Garrison v. Equifax Info. Servs., LLC, No. 10-13990, 2012 WL 1278044, at *8 (E.D. Mich. Apr.
16, 2012) (“The Court is not obligated to review the portions of the report to which no objection
was made.” (citing Thomas, 474 U.S. at 149–52)). The Court further held that this rule violates
neither the Federal Magistrates Act nor the Federal Constitution.
The Court therefore finds that the parties have waived further review of the Magistrate
Judge’s Report and accepts his recommended disposition. It follows that Defendants Money
Recovery Nation Wide, Experian, and Transunion are DISMISSED WITHOUT PREJUDICE
under Federal Rule of Civil Procedure 4(m) for failure of timely service of process.
IT IS SO ORDERED.
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE
Date: July 30, 2019

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was served upon counsel of record
and/or pro se parties on this date, July 30, 2019, using the Electronic Court Filing system and/or
first-class U.S. mail.
s/William Barkholz
Case Manager

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