Opinion
Case Number 10-20630-BC
12-30-2011
UNITED STATES OF AMERICA, Plaintiff, v. CLEMENT FRANKLIN FULLER, III, Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION,
ACCEPTING DEFENDANT'S GUILTY PLEA, AND TAKING
THE RULE 11 PLEA AGREEMENT UNDER ADVISEMENT
A plea hearing was conducted on November 17, 2011, by U.S. Magistrate Judge Charles E. Binder pursuant to the Defendant's consent. The magistrate judge issued his report (ECF No. 37) on November 17, 2011, recommending acceptance of Defendant's guilty plea. Either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Accordingly, it is ORDERED that the magistrate judge's report and recommendation (ECF No. 37) is ADOPTED.
It is further ORDERED that the defendant's guilty plea as to sole count of the first superseding information is ACCEPTED, and the Rule 11 Plea Agreement (ECF No. 35) is taken UNDER ADVISEMENT.
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THOMAS L. LUDINGTON
United States District Judge