Opinion
No. 6:20-CR-012-REW-HAI
05-04-2021
ORDER
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After conducting Rule 11 proceedings, see DE 179 (Minute Entry), Judge Ingram recommended that the undersigned accept Defendant Sergent's guilty plea and adjudge Sergent guilty of Count One of the Indictment (DE 1). See DE 180 (Recommendation). Judge Ingram expressly informed Sergent of the right to object to the recommendation and to secure de novo review from the undersigned. See id. at 2-3. 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 180, ACCEPTS Sergent's guilty plea, and ADJUDGES Defendant guilty of Count One of the Indictment;
2. The Court will issue a separate sentencing order.
At the hearing, Judge Ingram remanded Sergent to custody. See DE 179. This was the status pre-plea. DE 46. The Court, thus, sees no need to further address detention, at this time. --------
This the 4th day of May, 2021.
Signed By:
Robert E . Wier
United States District Judge