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United States v. Adams

United States District Court, E.D. Kentucky, Central Division, Lexington

March 31, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
WARREN DOUGLAS ADAMS, Defendant.

ORDER

DANNY C. REEVES, District Judge.

This matter is pending for consideration of the Recommended Disposition regarding Defendant Warren Douglas Adams' competency. [Record No. 37] Following an evaluation conducted by licensed forensic psychologist Judith Campbell, Ph.D., at the Federal Medical Center in Lexington, Kentucky, United States Magistrate Robert E. Wier held a competency hearing and issued a Recommended Disposition. [ See Record No. 24.] After reviewing all relevant materials, Magistrate Judge Wier recommended that the Court find Adams competent to proceed in this matter. [Record No. 37, pp. 5-6] Adams has not filed any objections to the Recommended Disposition. Having fully considered the matter, the Court will adopt the magistrate judge's recommendation in full.

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. 37, pp. 5-6] Further, the evidence supports a finding that Adams is able to understand the nature and consequences of the proceedings and can properly assist in his defense. [ Id. ] Accordingly, it is hereby

ORDERED as follows:

1. The Recommended Disposition of Magistrate Judge Robert E. Wier [Record No. 37] is ADOPTED and INCORPORATED herein by reference.

2. The Court finds that Defendant Warren Douglas Adams is competent to face further proceedings, include trial.


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