Opinion
Crim. Action 1:20-CR-74-19 1:21-MC-33
05-17-2024
UNITED STATES OF AMERICA, Plaintiff, v. MORGAN JANES, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION, REMANDING CASE TO THE DISTRICT COURT, AND GRANTING MOTION TO DISMISS INDICTMENT
THOMAS S. KLEEH, CHIEF JUDGE NORTHERN DISTRICT OF WEST VIRGINIA.
On May 1, 2024, the Magistrate Judge entered a Report and Recommendation (“R&R”), recommending that the District Judge consider Defendant Morgan Janes (“Janes”) as having successfully completed the requirements of the Drug Court Program. ECF No. 1856. The R&R recommended that the case be remanded to the district court pending sentencing. On May 3, 2024, the Government filed a motion to dismiss the Indictment as it pertains to Janes. ECF No. 1857.
The R&R noted that each party had fourteen (14) days from the filing of the R&R to file “specific written objections identifying the portions of the Report and Recommendation to which objection is made, and the basis for such objection.” It further stated that “[f]ailure to timely file written objections to the Report and Recommendation as set forth above shall constitute a waiver of de novo review by the District Court and a waiver of appellate review by the Circuit Court of Appeals.” To date, no objections have been filed.
When reviewing a magistrate judge's R&R, the Court must review de novo only the portions to which an objection has been timely made. 28 U.S.C. § 636(b)(1)(C). Otherwise, “the Court may adopt, without explanation, any of the magistrate judge's recommendations” to which there are no objections. Dellarcirprete v. Gutierrez, 479 F.Supp.2d 600, 603-04 (N.D. W.Va. 2007) (citing Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983)). Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).
Because no party has objected, the Court is under no obligation to conduct a de novo review. Accordingly, the Court reviewed the R&R for clear error. Upon careful review, and finding no clear error, the Court ADOPTS the R&R [ECF No. 1856]. For the reasons cited in the R&R and the Government's motion, the Court hereby FINDS and ORDERS as follows:
• Janes has successfully completed the requirements of the Drug Court Program;
• The R&R is ADOPTED [ECF No. 1856];
• This action is REMANDED to the District Court;
• The Government's motion to dismiss is GRANTED [ECF No. 1857];
• The Indictment is DISMISSED as it pertains to Janes.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to counsel of record and all appropriate agencies.