Opinion
CR-21-02195-001-TUC-CKJ (DTF)
12-13-2021
United States of America, Plaintiff, v. Shaun Knox, Defendant.
ORDER
Honorable Cindy K. Jorgenson, United States District Judge.
On November 23, 2021, Magistrate Judge D. Thomas Ferraro issued a Report and Recommendation (“R&R”) in which he recommended that certain language be struck from the indictment in this case. (Doc. 23) The Government has failed to file an objection to the R&R, and the deadline by which to do so, December 7, 2021, has passed.
The standard of review applied to a Magistrate Judge's R&R is dependent upon whether a party files objections - the Court need not review portions of the R&R to which a party fails to object. Thomas v. Arn, 474 U.S. 140, 149 (1985). “[W]hile the statute does not require the [court] to review an issue de novo if no objections are filed, it does not preclude further review by the [court], sua sponte or at the request of a party, under a de novo or any other standard.” Id. at 154. The Court reviews for clear error portions of the R&R to which there is no objection. Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999); see also Campbell v. United States Dist. Ct., 501 F.2d 196, 206 (9th Cir. 1974).
The Court has reviewed and considered the Magistrate Judge's R&R and related documents and finds no error.
IT IS ORDERED:
1. The Report and Recommendation (Doc. 23) is ADOPTED.
2. The following language shall be struck from each count of the Indictment: “and after having been convicted of Sexual Abuse, a felony, in violation of 18 U.S.C. §§ 1153, 2242, and 2246(2)(A), on March 8, 2010 in the United States District Court, District of South Dakota.” (Doc. 1 at 1-3)
3. This matter remains set for jury trial on January 11, 2022, at 9:30 A.M.