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United States v. Labordeaux

United States District Court, Sixth Circuit

October 16, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
MICHAEL ANTONE LABORDEAUX, Defendant.

OPINION AND ORDER

KARL S. FORESTER, Senior District Judge.

This matter is before the Court pursuant to a Report and Recommendation by Magistrate Judge J. Gregory Wehrman revoking Mr. Labordeaux's supervised release and sentencing him to custody for a period of twelve (12) months and one (1) day with no supervised release to follow.

No objections were filed to the Magistrate Judge's findings of fact and recommendation, and the time for filing same has passed. Although this Court must make a de novo determination of those portions of the Magistrate Judge's recommendations to which objection is made, 28 U.S.C. ยง 636(b)(1)(c), "[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings." Thomas v. Arn, 474 U.S. 140, 150 (1985). Moreover, a party who fails to file objections to a Magistrate Judge's proposed findings of fact and recommendation waives the right to appeal. See Wright v. Holbrook, 794 F.2d 1152, 1154-55 (6th Cir. 1986). Nevertheless, having examined the record and having made a de novo determination, the Court is in agreement with the Magistrate Judge's Report and Recommendation.

Accordingly, it is hereby ORDERED as follows:

1. The Magistrate Judge's Report and Recommendation [DE 52] is ADOPTED and INCORPORATED by reference;
2. A Judgment will be entered contemporaneously herewith.

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