United States of America v. Halliburton
OPINION and ORDER Denying as Moot Defendant's Request for Hearing on Garnishment. Signed by District Judge Linda V. Parker. (RLou)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
UNITED STATES OF AMERICA,
Civil Case No. 07-13647
Honorable Linda V. Parker
OPINION AND ORDER DENYING AS MOOT DEFENDANT’S
REQUEST FOR HEARING ON GARNISHMENT
This is a student loan case in which Plaintiff recently filed a request for
garnishment with respect to Defendant’s accounts at Morgan Chase Bank NA.
Defendant requested a hearing with respect to the garnishment. (ECF No. 21.)
This Court referred the request to Magistrate Judge R. Steven Whalen pursuant to
28 U.S.C. § 636(b).
On July 25, 2017, Magistrate Judge Whalen issued a report and
recommendation (“R&R”) recommending that the Court deny as moot Defendant’s
request for a hearing. (ECF No. 35.) As Magistrate Judge Whalen explains,
Defendant’s accounts at the bank already are closed. Moreover, the Department of
Education has approved Defendant’s Application for Total and Permanent
Disability, resulting in his student loans being subject to discharge.
At the conclusion of the R&R, Magistrate Judge Whalen advises the parties
that they may object to and seek review of the R&R within fourteen days of service
upon them. He further specifically advises the parties that “[f]ailure to file specific
objections constitutes a waiver of any further right to appeal.” (Id.) 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 Whalen. The Court therefore adopts the R&R.
IT IS ORDERED that Defendant’s request for hearing (ECF No. 21) is
DENIED AS MOOT.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: August 16, 2017
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, August 16, 2017, by electronic and/or
U.S. First Class mail.
s/ R. Loury
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