Opinion
No. 6:20-CR-58-REW-HAI
02-16-2021
UNITED STATES OF AMERICA, Plaintiff, v. TAMMY ELLIOTT, Defendant.
ORDER
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After conducting Rule 11 proceedings, see DE 38 (Minute Entry), Judge Ingram recommended that the undersigned accept Defendant Elliott's guilty plea and adjudge her guilty of Count One of the Indictment (DE 1). See DE 39 (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 39, ACCEPTS Elliott's guilty plea, and ADJUDGES her guilty of Count One of the Indictment; and
2. The Court will issue a separate sentencing order.
At the hearing, Judge Ingram remanded Elliott to custody. See DE 38. This was her status pre-plea. The Court, thus, sees no need to further address detention, at this time. --------
This the 16th day of February, 2021.
Signed By:
Robert E . Wier
United States District Judge