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United States v. Whitehead

United States District Court, Sixth Circuit

October 2, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
MARILYN SUE WHITEHEAD, Defendant.

ORDER

GREGORY F. VAN TATENHOVE, District Judge.

This matter is before the Court on the Recommended Disposition [R. 132] filed by United States Magistrate Judge Hanly A. Ingram. On December 7, 2012, Whitehead filed a motion asking the Court to consider the issue of her physical competency. [R. 71.] Magistrate Judge Ingram appointed Dr. Lewis Rosenbaum to evaluate Ms. Whitehead's physical ability to withstand trial and file a report to both parties. [R. 132 at 2.] After additional briefing on the matter, Judge Ingram conducted a final hearing on the motion on August 22, 2013. [Id. at 3.] On August 27, 2013, Judge Ingram issued the Recommended Disposition, wherein he recommended a finding that the Defendant, Marilyn Sue Whitehead, who is not detained, is competent to face further proceedings, including trial. [Id. at 1, 7.] As noted in the Recommended Disposition and pursuant to Rule 59(b) of the Federal Rules of Criminal Procedure, the parties were notified to file any objections to the Magistrate Judge's recommendation within fourteen (14) days of service. [Id. at 8.] As ofthis date, neither party has filed objections nor sought an extension of time to do so.

Generally, this Court must make a de novo determination of those portions of the Report and Recommendation to which objections are made. 28 U.S.c. ยง 636(b)(1)(c). When no objections are made, this Court is not required to "review... a magistrate's factual or legal conclusions, under a de novo or any other standard." See Thomas v. Arn, 474 U.S. 140, 151 (1985). Parties who fail to object to a magistrate judge's report and recommendation are also barred from appealing a district court's order adopting that report and recommendation. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Nevertheless, this Court has examined the record and agrees with Magistrate Judge Ingram's Recommended Disposition. Accordingly, and the Court being sufficiently advised, it is hereby ORDERED as follows:

1. The Recommended Disposition [R. 132] as to Marilyn Sue Whitehead is ADOPTED as and for the Opinion of the Court.

2. The Defendant, Marilyn Sue Whitehead, is found to be competent to face further proceedings, including trial, in this matter.


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