Elawyers Elawyers
Ohio| Change

U.S. v. Ghent, 6:18-CR-48-REW-HAI. (2019)

Court: District Court, E.D. Kentucky Number: infdco20190404a68 Visitors: 8
Filed: Apr. 03, 2019
Latest Update: Apr. 03, 2019
Summary: ORDER ROBERT E. WIER , District Judge . This matter is before the Court on the Recommended Disposition (DE #180) of United States Magistrate Judge Hanly A. Ingram, addressing whether Defendant Jeffrey Ghent is competent to stand trial pursuant to 18 U.S.C. 4241 and 4247(d). Based on the psychiatric evaluation by Dr. Lisa B. Feldman (DE #154) and Defendant's and his counsel's representations at the competency hearing ( see DE #179, Minutes), Judge Ingram recommended that the Court find G
More

ORDER

This matter is before the Court on the Recommended Disposition (DE #180) of United States Magistrate Judge Hanly A. Ingram, addressing whether Defendant Jeffrey Ghent is competent to stand trial pursuant to 18 U.S.C. §§ 4241 and 4247(d). Based on the psychiatric evaluation by Dr. Lisa B. Feldman (DE #154) and Defendant's and his counsel's representations at the competency hearing (see DE #179, Minutes), Judge Ingram recommended that the Court find Ghent competent to proceed. See DE #180 at 5. The recommendation, filed on March 28, 2019, advised the parties that any objections must be filed within three days of its entry. Id. at 6. This period has lapsed, and neither party has objected.1

This Court reviews de novo those portions of the Recommended Disposition to which a party objects. 28 U.S.C. § 636(b)(1). But, the Court is not required to "review . . . a magistrate[] [judge'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. 466, 472 (1985). Where the parties do not object to the magistrate judge's recommendation, they waive any right to review. See Fed. R. Civ. P 59; United States v. White, 874 F.3d 490, 495 (6th Cir. 2017) ("When a party . . . fails to lodge a specific objection to a particular aspect of a magistrate judge's report and recommendation, we consider that issue forfeited on appeal."); see also United States v. Branch, 537 F.3d 582, 587 (6th Cir. 2008) (noting that "[t]he law in this Circuit is clear" that a party who fails to object to a magistrate judge's recommendation forfeits his right to appeal its adoption).

Accordingly, the Court ADOPTS the Recommended Disposition (DE #180) and FINDS Ghent competent to face further proceedings in this matter, including trial.

FootNotes


1. The third and final day to object, see DE #180 at 6, fell on Sunday, March 31, 2019. The parties thus had through day's end on Monday, April 1, to lodge any objection. See LCrR 45.2 and Rule 45(a)(1)(C).
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer