Opinion
7:22-CR-12-REW-EBA
02-06-2023
UNITED STATES OF AMERICA, Plaintiff, v. BLACK DIAMOND COAL, LLC, Defendant.
ORDER
Robert E. Wier, United States District Judge
After conducting Rule 11 proceedings, see DE 53 (Minute Entry), Judge Atkins recommended that the undersigned accept Black Diamond Coal, LLC's guilty plea and adjudge the Defendant guilty of Counts One and Two of the Indictment (DE 1). See DE 56 (Recommendation); see also DE 55 (Binding Plea Agreement). Judge Atkins expressly informed the Defendant of its right to object to the recommendation and to secure de novo review from the undersigned. See DE 56 at 3. The established three-day objection deadline has passed, and no party has objected.
The Court is not required to “review . . . a magistrate [judge]'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. 466, 472 (1985); see also Berkshire v. Dahl, 928 F.3d 520, 530 (6th Cir. 2019) (quoting Kensu v. Haigh, 87 F.3d 172, 176 (6th Cir. 1996)) (alterations adopted) (noting that the Sixth Circuit has “long held that, when a defendant does ‘not raise an argument in his objections to the magistrate [judge]'s report and recommendation he has forfeited his right to raise this issue on appeal.'”); United States v. Olano, 133 S.Ct. 1770, 1777 (1993) (distinguishing waiver and forfeiture); 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 56, ACCEPTS Defendant's guilty plea, and ADJUDGES Defendant guilty of Counts One and Two of the Indictment (DE 1); and
2. The Court will issue a separate sentencing order.