United States v. Coleman
1:09-cr-20023 | E.D. Mich. | Nov 4, 2009
1:09-cr-20023-TLL-PTM Doc # 126 Filed 11/04/09 Pg 1 of 2 Pg ID 512
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
Case Number 09-20023-BC
Honorable Thomas L. Ludington
v.
D-4 ASHLEY REBECCA ALLEN,
Defendant.
_______________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING
DEFENDANT’S PLEA OF GUILTY AS TO THE CONSPIRACY COUNT OF THE
SECOND SUPERSEDING INDICTMENT, AND TAKING THE RULE 11 PLEA
AGREEMENT UNDER ADVISEMENT
A plea hearing was conducted on September 15, 2009, by United States Magistrate Judge
Charles E. Binder pursuant to the defendant’s consent. The magistrate judge issued his report on
September 16, 2009, recommending that this Court accept the defendant’s plea of guilty. As of
today’s date, no party has filed any objections to the magistrate judge’s report and recommendation.
The failure to file objections to the report and recommendation waives any further right to appeal.
Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370" date_filed="1987-09-29" court="6th Cir." case_name="Ernest Smith Sam Eliowitz Albert Rosen Robert Sheldon Jan Sklenar Joseph Soltesz Cecelia Stoll v. Detroit Federation of Teachers">829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the
failure to object to the magistrate judge’s report releases the Court from its duty to independently
review the record. Thomas v. Arn, 474 U.S. 140" date_filed="1986-01-27" court="SCOTUS" case_name="Thomas v. Arn">474 U.S. 140, 149 (1985). However, the Court agrees with the
findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [Dkt
# 109] is ADOPTED.
1:09-cr-20023-TLL-PTM Doc # 126 Filed 11/04/09 Pg 2 of 2 Pg ID 513
It is further ORDERED that the defendant’s plea of guilty as to the conspiracy count of the
second superseding indictment is ACCEPTED, and the Rule 11 Plea Agreement [Dkt. # 108] is
taken UNDER ADVISEMENT.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: November 4, 2009
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on November 4, 2009.
s/Tracy A. Jacobs
TRACY A. JACOBS
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