ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING DEFENDANT'S MOTION TO DISMISS, AND DISMISSING CASE

THOMAS LUDINGTON, District Judge

This matter is before for the Court on a report issued by Magistrate Judge Charles E. Binder on September 13, 2006, recommending that the defendant's motion to dismiss be granted. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within ten days of service of the report, no objections have been filed. The plaintiff's failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Federation 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 record. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the conclusions of the magistrate judge.

Accordingly, it is ORDERED that the magistrate judge's report and recommendation is ADOPTED, the defendant's motion to dismiss [dkt # 14] is GRANTED, and the case is DISMISSED WITH PREJUDICE.