Floyd Frank v. Sally B. Johnson

JON 0. NEWMAN, Circuit Judge:

Litigants wishing to object to the recommendations of a magistrate judge, submitted in a report to a district judge, have ten days after being served with the report. 28 U.S.C. § 636(b)(1) (1988). Failure to object within the allotted ten days results in a waiver of further judicial review. Thomas v. Arn, 474 U.S. 140, 155, 106 S.Ct. 466, 474, 88 L.Ed.2d 435 (1985); McCarthy v. Manson, 714 F.2d 234, 237 & n. 2 (2d Cir.1983). In Small v. Secretary of Health and Human Services, 892 F.2d 15, 16 (2d Cir.1989) (per curiam), this Court held that the waiver rule would be…