Opinion
No. 6:17-CR-67-REW-HAI
11-20-2018
UNITED STATES OF AMERICA, Plaintiff, v. SHAWN HENDERSON, Defendant.
ORDER
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This matter is before the Court on the Recommended Disposition (DE #273) of United States Magistrate Judge Hanly A. Ingram, addressing Defendant Shawn Henderson's guilty plea as to Count 1 of the Superseding Indictment (DE #48). Defendant appeared before Judge Ingram on November 14, 2018, and, after consenting to plead before a United States Magistrate Judge and engaging in the full colloquy required by Rule 11, proceeded to plead guilty. DE #273 at ¶¶ 1-2. Judge Ingram found Defendant competent to plead and that Defendant did so in a knowing and voluntary fashion; he further found that an adequate factual basis supported the plea as to each essential element of the charged offense. Id. at ¶¶ 2-3. Accordingly, Judge Ingram recommended the Court accept Defendant's plea and adjudge him guilty of the offense charged in Count 1 of the Superseding Indictment. Id. at ¶ 4.
Henderson had three days within which to object to Judge Ingram's recommendation, and he has not done so. See id. at 3. Nor has the United States objected. While this Court reviews de novo those portions of a Report and Recommendation to which a party objects, see 28 U.S.C. § 636(b)(1), it 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. 466, 472 (1985). Where the parties do not object to the magistrate judge's recommended disposition, they waive any right to review. See Fed. R. Civ. P 59; United States v. White, 874 F.3d 490, 495 (6th Cir. 2017) ("When a party . . . fails to lodge a specific objection to a particular aspect of a magistrate judge's report and recommendation, we consider that issue forfeited on appeal."); see also United States v. Branch, 537 F.3d 582, 587 (6th Cir. 2008) (noting that "[t]he law in this Circuit is clear" that a party who fails to object to a magistrate judge's recommendation forfeits his right to appeal its adoption).
The Court thus ADOPTS the Recommended Disposition (DE #273), accepts the plea, and ADJUDGES Defendant guilty of Count 1 of the Superseding Indictment. The Court further CANCELS the jury trial as to Henderson. An Order scheduling Defendant's sentencing will follow.
This the 20th day of November, 2018.
Signed By:
Robert E . Wier
United States District Judge