United Statesv.Holub

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISIONJul 29, 2013
No. CR 13-32 (N.D. Iowa Jul. 29, 2013)

No. CR 13-32

07-29-2013

UNITED STATES OF AMERICA, Plaintiff, v. ERIC MARTIN HOLUB, Defendant.


ORDER REGARDING

MAGISTRATE'S REPORT AND

RECOMMENDATION

CONCERNING DEFENDANT'S

GUILTY PLEA


I. INTRODUCTION AND BACKGROUND

On May 23, 2013, a six-count Indictment was returned against the defendant Eric Martin Holub. On July 12, 2013, the defendant appeared before United States Magistrate Judge Jon S. Scoles and entered a plea of guilty to Count 3 of the Indictment. On July 12, 2013, Judge Scoles filed a Report and Recommendation in which he recommended that the defendant's guilty plea be accepted. No objections to Judge Scoles's Report and Recommendation were filed. The court, therefore, undertakes the necessary review of Judge Scoles's recommendation to accept the defendant's plea in this case.

II. ANALYSIS

Pursuant to statute, this court's standard of review for a magistrate judge's Report and Recommendation is as follows:

A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.

28 U.S.C. § 636(b)(1). Similarly, Federal Rule of Civil Procedure 72(b) provides for review of a magistrate judge's Report and Recommendation on dispositive motions and prisoner petitions, where objections are made, as follows:
The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.

Fed. R. Civ. P. 72(b).

In this case, no objections have been filed, and it appears to the court upon review of Judge Scoles's findings and conclusions that there is no ground to reject or modify them. Therefore, the court accepts Judge Scoles's Report and Recommendation of July 12, 2013, and accepts the defendant's plea of guilty in this case to Count 3 of the Indictment.

IT IS SO ORDERED.

____________________


LINDA R. READE


CHIEF JUDGE, U.S. DISTRICT COURT


NORTHERN DISTRICT OF IOWA