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United States v. Jent

United States District Court, Sixth Circuit

January 29, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
ARTHUR JENT, JR., Defendant.

ORDER

DANNY C. REEVES, District Judge.

This matter is pending for consideration of the Recommended Disposition regarding Defendant Arthur Jent, Jr.'s competency. [Record No. 119] Following an evaluation conducted by licensed forensic psychologist Judith Campbell, Ph.D., at the Federal Medical Center in Lexington, Kentucky, United States Magistrate Judge Hanly A. Ingram held a competency hearing. After reviewing all relevant materials, Magistrate Judge Ingram recommended that the Court find Jent competent to proceed in this matter. [ Id., pp. 5-6] Additionally, he recommended that certain suggestions offered by Dr. Campbell in the Psychiatric Report be implemented. [ See Record No. 114, p. 9] Neither Jent nor the United States has objected to the Recommended Disposition.

While this Court must make a de novo determination of those portions of the magistrate judge's recommendations to which an 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 United States v. Branch, 537 F.3d 582, 587 (6th Cir. 2008); Wright v. Holbrook, 794 F.2d 1152, 1154-55 (6th Cir. 1986).

As outlined in the Recommended Disposition, the magistrate judge found no evidence to support a finding that the defendant is not competent, and found nothing that would permit an incompetency finding by a preponderance of the evidence. [Record No. 119, p. 5] Further, the evidence supports a finding that Jent is able to understand the nature and consequences of the proceedings and can properly assist in his defense. [ Id. ] Accordingly, it is hereby

ORDERED that the Recommended Disposition of United States Magistrate Judge Hanly A. Ingram [Record No. 119] is ADOPTED and INCORPORATED by reference.


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