Opinion
Civil Action No. 7: 08-7054-DCR, Criminal Action No. 7: 06-29-SSS-DCR.
September 14, 2010
MEMORANDUM OPINION AND ORDER
This matter is before the Court for consideration of the Report and Recommendation ("R R") of Magistrate Judge Edward B. Atkins issued August 24, 2010. [Record No. 740] The R R recommends that the Petitioner's motion to vacate, set aside, or correct his sentence [Record Nos. 653 and 704] be denied. Having considered this matter, the Court will adopt the Magistrate Judge's R R and dismiss Petitioner Lopez's petition.
While this Court must make a de novo determination of those portions of the Magistrate Judge's recommendations to which an objection is made, 28 U.S.C. § 636(b)(1)(c), "[i]t does not appear that Congress intended to require district court review of 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, 474 U.S. 140, 150 (1985). Moreover, a party who fails to file objections to a Magistrate Judge's proposed findings of fact and recommendation waives the right to appeal. See United States v. Branch, 537 F.3d 582, 587 (6th Cir. 2008); Wright v. Holbrook, 794 F.2d 1152, 1154-55 (6th Cir. 1986). Nevertheless, having examined the record and having made a de novo determination, the Court agrees with the Magistrate Judge's recommendations concerning disposition of the petition. Accordingly, it is hereby
ORDERED as follows:
1. The Report and Recommendation of Magistrate Judge Edward B. Atkins [Record No. 740] is ADOPTED and INCORPORATED by reference.
2. The motions to vacate, set aside, or correct Petitioner Elio Lopez's Sentence [Record Nos. 653 and 704] are DENIED and this matter is DISMISSED from the Court's docket.
This 14th day of September, 2010.