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U.S. v. Gaddis, 8:17-cr-471-T-33SPF. (2019)

Court: District Court, M.D. Florida Number: infdco20190506e71 Visitors: 17
Filed: May 06, 2019
Latest Update: May 06, 2019
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON , District Judge . This matter is before the Court on consideration of the Report and Recommendation of Sean P. Flynn, United States Magistrate Judge (Doc. # 69), filed on April 19, 2019. Judge Flynn recommends the Court find that Defendant Gregory Gaddis is competent to stand trial. No objections have been filed, and the time for the submission of objections has expired. Discussion After conducting a careful and complete review of the findings and
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ORDER

This matter is before the Court on consideration of the Report and Recommendation of Sean P. Flynn, United States Magistrate Judge (Doc. # 69), filed on April 19, 2019. Judge Flynn recommends the Court find that Defendant Gregory Gaddis is competent to stand trial. No objections have been filed, and the time for the submission of objections has expired.

Discussion

After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F.Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994) (Table).

After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the Magistrate Judge and the recommendation of the Magistrate Judge.

Accordingly, it is

ORDERED, ADJUDGED, and DECREED:

(1) The Report and Recommendation (Doc. # 69) is ACCEPTED and ADOPTED. (2) The Court finds that Defendant Gregory Gaddis is competent to stand trial.

DONE and ORDERED.

Source:  Leagle

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