Opinion
No. 6:20-CR-29-REW-HAI
02-16-2021
UNITED STATES OF AMERICA, Plaintiff, v. GOLDIE WEBB, Defendant.
ORDER
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After conducting Rule 11 proceedings, see DE 128 (Minute Entry), Judge Ingram recommended that the undersigned accept Defendant Webb's guilty plea and adjudge Webb guilty of Count One of the Indictment (DE 1). See DE 129 (Recommendation). Judge Ingram expressly informed Defendant of the right to object to the recommendation and to secure de novo review from the undersigned. See id. at 3. The established, 3-day objection deadline has passed, and no party has objected.
The Court 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. 66, 472 (1985); see also United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981) (holding that a failure to file objections to a magistrate's judge's recommendation waives the right to appellate review); Fed. R. Crim. P. 59(b)(2)-(3) (limiting de novo review duty to "any objection" filed); 28 U.S.C. § 636(b)(1) (limiting de novo review duty to "those portions" of the recommendation "to which objection is made").
The Court thus, with no objection from any party and on full review of the record, ORDERS as follows:
1. The Court ADOPTS DE 129, ACCEPTS Webb's guilty plea, and ADJUDGES Defendant guilty of Count One of the Indictment; and
2. The Court will issue a separate sentencing order.
At the hearing, Judge Ingram remanded Webb to custody. See DE 128. This was the status pre-plea. The Court, thus, sees no need to further address detention, at this time. --------
This the 16th day of February, 2021.
Signed By:
Robert E . Wier
United States District Judge