Opinion
Case No. 20-CR-20257
03-02-2021
UNITED STATES OF AMERICA, Plaintiff, v. DALE RAY POTTER, Defendant.
Magistrate Judge Patricia T. Morris ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, ACCEPTING DEFENDANT'S PLEA OF GUILTY, AND TAKING THE RULE 11 PLEA AGREEMENT UNDER ADVISEMENT
On February 8, 2021, Magistrate Judge Patricia T. Morris conducted a plea hearing pursuant to Defendant Dale Ray Potter's consent. The Magistrate Judge issued her Report and Recommendation on February 9, 2021, recommending that this Court accept Defendant's plea of guilty. ECF No. 25.
Although the Magistrate Judge's report explicitly stated that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, neither Plaintiff nor Defendant filed any objections. The failure to file objections waives any right to appeal the Magistrate Judge's findings that Defendant was competent to enter a plea, and that the plea was entered knowingly, voluntarily, without coercion, and with a basis in fact. See Fed. R. Crim. P. 11(b); Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, it is ORDERED that the Magistrate Judge's Report and Recommendation, ECF No. 25, is ADOPTED.
It is further ORDERED that Defendant's plea of guilty is ACCEPTED, and the Rule 11 Plea Agreement, ECF No. 23, is taken UNDER ADVISEMENT. Dated: March 2, 2021
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge