Citation Codes Equivalent Citations citation codes Docket Number Case No. 05-1255. Motions Motion to dismiss : In Part Defendant Judges Joe Billy McDade Acts Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment See more information ... Smart Summary Please sign up to generate summary. JAMES WALTERS, Plaintiff, v. DHL EXPRESS, Defendant. ORDER JOE McDADE, Chief Judge Before the Court is Magistrate Judge Cudmore's Report and Recommendation [Doc. # 9], which addresses Defendant's Motion to Dismiss [Doc. # 4]. The parties have not filed any objections within the ten (10) days allotted by 28 U.S.C. § 636(b)(1). Failure to object constitutes a waiver of any objections. See Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999);Video Views Inc. v. Studio 21 Ltd., 797 F.2d 538 (7th Cir. 1986). Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge. IT IS THEREFORE ORDERED that Defendant's Motion to Dismiss [Doc. # 4] is GRANTED IN PART and DENIED IN PART. Defendant's motion is denied as to Count I of the Complaint, but is granted to the extent it seeks dismissal of Plaintiff's claim for damages for an increased risk of future identity theft in Count II.