Opinion
CR-06-825-TUC-RCC-MAA
11-29-2023
United States of America, Plaintiff, v. William Ernest Fuller, Defendant.
ORDER ADOPTING R&R
Honorable Raner C. Collins Senior United States District Judge
On November 7, 2023, Magistrate Judge Michael A. Ambri issued a Report and Recommendation (“R&R”) in which he recommended the District Court find that the Defendant violated Standard Condition No. 13 and Special Condition No. 9 of his supervised release. (Doc. 320.) The R&R notified the parties they had fourteen (14) days after being served with a copy of the R&R to file any objections. (Id. at 11.) No objections have been filed.
If neither party objects to a magistrate judge's report and recommendation, the District Court is not required to review the magistrate judge's decision under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (district court only needs to review magistrate judge's findings and recommendations de novo if objection is made). However, the statute for review of a magistrate judge's recommendation “does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.” Thomas, 474 U.S. at 154.
In this case, the deadline for filing objections has seemingly passed. As noted, no objections have been filed, and neither party has requested additional time to do so. Therefore, the Court will adopt the R&R. Accordingly, IT IS ORDERED Magistrate Judge Ambri's Report and Recommendation (Doc. 320) is ADOPTED. The Court finds the defendant has violated Standard Condition No. 13 and Special Condition No. 9 of his supervised release. Final Disposition is scheduled December 12, 2023 at 10:00 AM before this Court. The U.S. Probation Office is directed to prepare a disposition report.