United States of America v. Henry

Filing 27

ORDER Adopting 26 Report and Recommendation and Denying as Moot Request for Hearing - Signed by District Judge Judith E. Levy. (FMos)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
United States of America,
Plaintiff,
v.

Case No. 06-cv-10075
Judith E. Levy
United States District Judge

Bernard E. Henry,
Mag. Judge R. Steven Whalen
Defendant.
________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION [26]
AND DENYING AS MOOT REQUEST FOR HEARING [16]
Before the Court is defendant Bernard E. Henry’s request for a
hearing on a writ of garnishment in this post-judgment student loan
case, and the Magistrate Judge’s Report and Recommendation that
recommends denying the request as moot. (Dkts. 16, 26.)
The parties were required to file specific written objections within
14 days of service. Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d). No
objections were filed.

The failure to object 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). The

failure to object also relieves this Court from its duty to review this
matter independently. Thomas v. Arn, 474 U.S. 140, 149 (1985). The
Court

has

nonetheless

thoroughly

reviewed

the

Report

and

Recommendation, defendant’s request, and the record as a whole, and
agrees with the findings and conclusions of the Magistrate Judge.
Accordingly, the Report and Recommendation (Dkt. 26) is
ADOPTED.
Defendant’s request for a hearing (Dkt. 16) is DENIED AS MOOT.
IT IS SO ORDERED.
Dated: May 17, 2017
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
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 May 17, 2017.
s/Felicia M. Moses
FELICIA M. MOSES
Case Manager

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