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United States v. Warr

United States District Court, E.D. Michigan. Southern Division

April 15, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
D-1 ANDREW LEE WARR, D-2 WILLIAM LAVON HARRIS, and D-3 SAMANTHA DAWN WHITACRE, Defendants.

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND FINDING DEFENDANT SAMANTHA WHITACRE COMPETENT TO STAND TRIAL

MARIANNE O. BATTANI, District Judge.

On July 21, 2014, Defendant Samantha Whitacre was charged in a criminal complaint with bank robbery, pursuant to 18 U.S.C. ยง 2113(a). Ms. Whitacre appeared before Magistrate Judge David R. Grand on July 21, 2014, for her initial appearance, at which time her counsel made an oral motion for a competency evaluation. After evaluation by a forensic psychologist, Magistrate Judge Grand held a competency hearing on March 19, 2015. Based on the psychological evaluation, Magistrate Judge Grand issued a Report and Recommendation ("R&R") dated March 26, 2015, recommending that the Court find Ms. Witacre competent to stand trial. (Doc. 43.)

In the R&R, the Magistrate Judge informed the parties that objections must be filed within "14 days of service" and that a party's failure to file objections would waive any further right of appeal. (Doc. 43 at p. 3.) Neither party has filed an objection.

Because no objection has been filed in this case, the parties waived their right to de novo review and appeal. Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation (Doc. 43) and finds the Defendant competent to stand trial.

IT IS SO ORDERED.


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