Filed: Mar. 16, 2018
Latest Update: Mar. 16, 2018
Summary: ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE , District Judge . I. INTRODUCTION AND BACKGROUND On February 22, 2018, a two-count Superseding Indictment was filed against Defendant John Dwayne Phillips. On March 16, 2018, Defendant appeared before United States Chief Magistrate Judge C.J. Williams and entered a plea of guilty to Count 1 of the Superseding Indictment. On March 16, 2018, Judge Williams filed a Report and Recommendat
Summary: ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE , District Judge . I. INTRODUCTION AND BACKGROUND On February 22, 2018, a two-count Superseding Indictment was filed against Defendant John Dwayne Phillips. On March 16, 2018, Defendant appeared before United States Chief Magistrate Judge C.J. Williams and entered a plea of guilty to Count 1 of the Superseding Indictment. On March 16, 2018, Judge Williams filed a Report and Recommendati..
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ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA
LINDA R. READE, District Judge.
I. INTRODUCTION AND BACKGROUND
On February 22, 2018, a two-count Superseding Indictment was filed against Defendant John Dwayne Phillips. On March 16, 2018, Defendant appeared before United States Chief Magistrate Judge C.J. Williams and entered a plea of guilty to Count 1 of the Superseding Indictment. On March 16, 2018, Judge Williams filed a Report and Recommendation in which he recommended that Defendant's guilty plea be accepted. On March 16, 2018, both parties waived objections to the Report and Recommendation. The court, therefore, undertakes the necessary review of Judge Williams'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 Criminal Procedure 59(b) provides for review of a magistrate judge's report and recommendation on dispositive motions, where objections are made, as follows:
The district judge must consider de novo any objection to the magistrate judge's recommendation. The district judge may accept, reject, or modify the recommendation, receive further evidence, or resubmit the matter to the magistrate judge with instructions.
Fed. R. Crim. P. 59(b)(3).1
In this case, the parties waived objections, and it appears to the court upon review of Judge Williams's findings and conclusions that there is no ground to reject or modify them. Therefore, the court ACCEPTS Judge Williams's Report and Recommendation of March 16, 2018, and ACCEPTS Defendant's plea of guilty in this case to Count 1 of the Superseding Indictment.
IT IS SO ORDERED.
