Opinion
No. 6:20-CR-031-REW-HAI
03-23-2021
ORDER
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After conducting Rule 11 proceedings, see DE 98 (Minute Entry), Judge Ingram recommended that the undersigned accept Defendant Dople's guilty plea and adjudge her guilty of Count One of the Indictment (DE 1). See DE 99 (Recommendation). Judge Ingram expressly informed Defendant of her right to object to the recommendation and to secure de novo review from the undersigned. See id. at 3. The established, 3-day objection deadline has passed, and no party has objected.
The Court is not required to "review . . . a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings." Thomas v. Arn, 106 S. Ct. 66, 472 (1985); see also United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981) (holding that a failure to file objections to a magistrate's judge's recommendation waives the right to appellate review); Fed. R. Crim. P. 59(b)(2)-(3) (limiting de novo review duty to "any objection" filed); 28 U.S.C. § 636(b)(1) (limiting de novo review duty to "those portions" of the recommendation "to which objection is made").
The Court thus, with no objection from any party and on full review of the record, ORDERS as follows:
1. The Court ADOPTS DE 99, ACCEPTS Dople's guilty plea, and ADJUDGES her guilty of Count One of the Indictment;
2. The Court will issue a separate sentencing order.
At the hearing, Judge Ingram remanded Dople to custody. See DE 98. This was her status pre-plea. DE 87. The Court, thus, sees no need to further address detention, at this time. --------
This the 23rd day of March, 2021.
Signed By:
Robert E . Wier
United States District Judge