Elawyers Elawyers
Washington| Change

United States v. Allen, 8:18-cr-526-T-33TGW. (2019)

Court: District Court, M.D. Florida Number: infdco20191108e32 Visitors: 28
Filed: Nov. 07, 2019
Latest Update: Nov. 07, 2019
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON , District Judge . This matter is before the Court on consideration of United States Magistrate Judge Thomas G. Wilson's Report and Recommendation (Doc. # 59), filed on October 7, 2019, recommending that Marquese Jerrodda Allen's Motion to Suppress (Doc. # 39) be denied. On October 21, 2019, Allen filed an Objection to the Report and Recommendation. (Doc. # 63). The United States responded to the Objection on November 4, 2019. (Doc. # 64). The Court a
More

ORDER

This matter is before the Court on consideration of United States Magistrate Judge Thomas G. Wilson's Report and Recommendation (Doc. # 59), filed on October 7, 2019, recommending that Marquese Jerrodda Allen's Motion to Suppress (Doc. # 39) be denied. On October 21, 2019, Allen filed an Objection to the Report and Recommendation. (Doc. # 63). The United States responded to the Objection on November 4, 2019. (Doc. # 64).

The Court accepts and adopts the Report and Recommendation, overrules the Objection, and denies the Motion to Suppress.

Discussion

After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). If a party files a timely and specific objection to a finding of fact by the magistrate judge, the district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F.Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994).

Upon due consideration of the record, including Judge Wilson's Report and Recommendation as well as Allen's Objection thereto, the Court overrules the Objection and adopts the Report and Recommendation. The Court agrees with Judge Wilson's detailed and well-reasoned findings of fact and conclusions of law. The Report and Recommendation thoughtfully addresses the issues presented, and the Objection does not provide a basis for rejecting the Report and Recommendation.

Accordingly, it is now

ORDERED, ADJUDGED, and DECREED:

(1) The Report and Recommendation (Doc. # 59) is ACCEPTED and ADOPTED. (2) Marquese Jerrodda Allen's Motion to Suppress (Doc. # 39) is DENIED.

DONE and ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer