Filed: Mar. 31, 2016
Latest Update: Mar. 31, 2016
Summary: ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE , Chief District Judge . I. INTRODUCTION AND BACKGROUND On August 26, 2015, a one-count Indictment was filed against Defendant, Rogelio Avalos-Sanchez. On March 28, 2016, Defendant appeared before United States Chief Magistrate Judge Jon S. Scoles and entered a plea of guilty to Count 1 of the Indictment. On March 28, 2016, Judge Scoles filed a Report and Recommendation in which he rec
Summary: ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE , Chief District Judge . I. INTRODUCTION AND BACKGROUND On August 26, 2015, a one-count Indictment was filed against Defendant, Rogelio Avalos-Sanchez. On March 28, 2016, Defendant appeared before United States Chief Magistrate Judge Jon S. Scoles and entered a plea of guilty to Count 1 of the Indictment. On March 28, 2016, Judge Scoles filed a Report and Recommendation in which he reco..
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ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA
LINDA R. READE, Chief District Judge.
I. INTRODUCTION AND BACKGROUND
On August 26, 2015, a one-count Indictment was filed against Defendant, Rogelio Avalos-Sanchez. On March 28, 2016, Defendant appeared before United States Chief Magistrate Judge Jon S. Scoles and entered a plea of guilty to Count 1 of the Indictment. On March 28, 2016, Judge Scoles filed a Report and Recommendation in which he recommended that the court accept Defendant's guilty plea. On March 28, 2016, Defendant filed a Waiver of Objections to Report and Recommendation. The court, therefore, undertakes the necessary review of Judge Scoles's recommendation to accept Defendant's plea in this case.
II. ANALYSIS
Pursuant to statute, this court's standard of review for a magistrate judge's report and recommendation is as follows:
A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.
28 U.S.C. § 636(b)(1). Similarly, Federal Rule of Civil Procedure 72(b) provides for review of a magistrate judge's report and recommendation on dispositive motions and prisoner petitions, where objections are made, as follows:
The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.
Fed. R. Civ. P. 72(b).
In this case, no objections have been filed, and it appears to the court upon review of Judge Scoles's findings and conclusions that there is no ground to reject or modify them. Therefore, the court ACCEPTS Judge Scoles's Report and Recommendation of March 28, 2016, and ACCEPTS Defendant's plea of guilty to Count 1 of the Indictment.
IT IS SO ORDERED.
