Opinion
Case No. 15-cr-20597
02-12-2016
UNITED STATES OF AMERICA, Plaintiff, v. D-2 MICHAEL EUGENE FOSTER, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING DEFENDANT'S PLEA OF GUILTY, AND TAKING THE RULE 11 PLEA AGREEMENT UNDER ADVISEMENT
On January 8, 2016, United States Magistrate Judge Patricia T. Morris conducted a plea hearing pursuant to Defendant's consent. The Magistrate Judge issued her report on January 8, 2016, recommending that this Court accept Defendant's plea of guilty.
Although the Magistrate Judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, neither Plaintiff nor Defendant filed any objections. The election not to file objections to the Magistrate Judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and recommendation waives any further right to appeal.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation, ECF No. 38, is ADOPTED.
It is further ORDERED that Defendant's plea of guilty is ACCEPTED, and the Rule 11 Plea Agreement, ECF No. 36, is taken UNDER ADVISEMENT. Dated: February 12, 2016
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on February 12, 2016.
s/Michael A. Sian
MICHAEL A. SIAN, Case Manager