Filed: Feb. 21, 2019
Latest Update: Feb. 21, 2019
Summary: ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE , District Judge . I. INTRODUCTION AND BACKGROUND On October 31, 2018, a one-count Information was filed against Defendant Alan Ault. On January 29, 2019, Defendant appeared before United States Magistrate Judge Mark A. Roberts and entered a plea of guilty to Count 1 of the Information. On January 29, 2019, Judge Roberts filed a Report and Recommendation in which he recommended that De
Summary: ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE , District Judge . I. INTRODUCTION AND BACKGROUND On October 31, 2018, a one-count Information was filed against Defendant Alan Ault. On January 29, 2019, Defendant appeared before United States Magistrate Judge Mark A. Roberts and entered a plea of guilty to Count 1 of the Information. On January 29, 2019, Judge Roberts filed a Report and Recommendation in which he recommended that Def..
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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 October 31, 2018, a one-count Information was filed against Defendant Alan Ault. On January 29, 2019, Defendant appeared before United States Magistrate Judge Mark A. Roberts and entered a plea of guilty to Count 1 of the Information. On January 29, 2019, Judge Roberts filed a Report and Recommendation in which he recommended that Defendant's guilty plea be accepted. No objections to Judge Roberts's Report and Recommendation were filed. The court, therefore, undertakes the necessary review of Judge Roberts'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, no objections have been filed, and it appears to the court upon review of Judge Roberts's findings and conclusions that there is no ground to reject or modify them. Therefore, the court ACCEPTS Judge Roberts's Report and Recommendation of January 29, 2019, and ACCEPTS Defendant's plea of guilty in this case to Count 1 of the Information.
IT IS SO ORDERED.
