Mark A. Roberts

Representative of Roberts's published work, which is dominated by felony guilty-plea R&Rs. He took the defendant's guilty plea on June 13, 2022 and filed an R&R recommending acceptance the next day. With no objections, Judge C.J. Williams reviewed for clear error and accepted the recommendation. This was a plea recommendation rather than a contested merits ruling. R&R quote: 'On June 14, 2022, Judge Roberts filed a Report and Recommendation ("R&R") in which he recommended that defendant's guilty plea be accepted.' Adoption quote: 'the Court ACCEPTS Judge Roberts' R&R of June 14, 2022, and ACCEPTS defendant's plea of guilty in this case to count two of the Indictment.'

Roberts otherwise presided by consent over this auto-insurance coverage case as the parties' final judge of record, but co-defendant Rachel Ann Flash never appeared, answered, or consented to magistrate jurisdiction. Because Flash had not consented, Roberts filed an R&R recommending that the district court grant the plaintiff's amended motion for default judgment against her. With no objections, Judge C.J. Williams reviewed for clear error and adopted the recommendation in full on April 21, 2023, entering default judgment while the rest of the case remained referred to Roberts. R&R quote: 'I respectfully recommend that the District Court grant Plaintiff's Amended Motion for Default Judgment of Rachel Ann Flash (Doc. 40) and enter default judgment against Rachel Ann Flash.' Adoption quote: 'the Court adopts Judge Roberts' R&R (Doc. 41) without modification ... the Court grants plaintiff's Amended Motion for Default Judgment as to defendant Rachel Ann Flash.'

“ORDER granting 11 Notice of Election to Decline Intervention and Motion to Partially Unseal by United States of America: The 1 Complaint, 11 Notice and this Order are unsealed and to be served on Defendants by the relator. Signed by Magistrate Judge Mark A Roberts on 10/16/2023.”

“PROTECTIVE Order granting 29 Motion for Protective Order. Signed by Magistrate Judge Mark A Roberts on 6/16/2023.”

In a felony drug case, Roberts held a suppression hearing, took testimony from the warrant-application officer, and recommended granting the defendant's motion to suppress. He found that the warrant lacked probable cause once observations from an officer's warrantless entry were excised and that the good-faith exception did not save it. The government objected; the district judge reviewed de novo, overruled the objection, and adopted the R&R in full. R&R quote: 'the facts in the case at bar show no justification for any investigator to believe he could enter defendant's residence without a warrant after the exigent circumstance of the overdose had been dealt with.' Adoption quote: 'the government's objection is overruled, the R&R is adopted, and defendant's Motion to Suppress (Doc. 28) is granted.'

A Social Security disability appeal was referred to Roberts for a Report and Recommendation rather than a final consent disposition. R&R quote: 'REPORT AND RECOMMENDATIONS recommending the District Court affirm in part and reversed and remand in part the decision of the ALJ's.' With no objections, the district judge adopted the recommendation without modification. Adoption quote: 'the Court accept[s] without modification [the] Report and Recommendations: The Commissioner's determination is reversed, and this matter is remanded to the Commissioner under sentence four of Section 405(g) for further proceedings consistent with this order and Judge Roberts' R&R.'

A Social Security disability appeal was referred to Roberts for a Report and Recommendation rather than a final consent disposition. R&R quote: 'REPORT AND RECOMMENDATIONS recommending that the District Court Affirm the decision of the ALJ.' With no objections, the district judge adopted the recommendation without modification. Adoption quote: 'ORDER Accepting Report and Recommendations without modification: The ALJ's decision denying claimant's application for DIB is affirmed. Judgment will enter against claimant and in favor of the Commissioner.' The claimant lost.

“For the foregoing reasons, I respectfully recommend that the District Court REVERSE and REMAND the decision of the ALJ for further consideration as discussed herein.”

“For the foregoing reasons, I respectfully recommend that the District Court REVERSE and REMAND the decision of the ALJ for further development of the record as discussed herein.”

“I respectfully recommend that the Motion for Sanctions (Doc. 23) filed by the Defendant be granted. I further recommend that Plaintiff’s complaint be dismissed with prejudice.”

“I finally recommend that Plaintiff’s pending motion at Doc. 24 seeking to reconsider his failed attempts to obtain discovery be denied as moot.”

“For the reasons set forth above, I respectfully recommend the District Court deny in part and hold in abeyance in part Defendant’s Motion to Dismiss.”

“For the reasons set forth above, I respectfully recommend the District Court DENY Defendant’s Pro Se Motion to Quash the Arrest and Suppress Evidence Resulting from Execution of Search Warrant. (Doc. 50.)”