Filed: Feb. 08, 2016
Latest Update: Feb. 08, 2016
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Magistrate Judge Mac R. McCoy's Report and Recommendation ( Doc. #192 ) filed on December 11, 2015, recommending Defendant Ramirez-Portillo's Motion to Suppress ( Doc. #66 ) be denied. No objections or responses were filed to the Report and Recommendation and the time to do so has expired. The Report and Recommendation is now ripe for review. After conducting a careful and complete review of the findi
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Magistrate Judge Mac R. McCoy's Report and Recommendation ( Doc. #192 ) filed on December 11, 2015, recommending Defendant Ramirez-Portillo's Motion to Suppress ( Doc. #66 ) be denied. No objections or responses were filed to the Report and Recommendation and the time to do so has expired. The Report and Recommendation is now ripe for review. After conducting a careful and complete review of the findin..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. #192) filed on December 11, 2015, recommending Defendant Ramirez-Portillo's Motion to Suppress (Doc. #66) be denied. No objections or responses were filed to the Report and Recommendation and the time to do so has expired. The Report and Recommendation is now ripe for review.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); United States v. Powell, 628 F.3d 1254, 1256 (11th Cir. 2010). A district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1)(C); see also United States v. Farias-Gonzalez, 556 F.3d 1181, 1184 n. 1 (11th Cir. 2009). The district judge reviews legal conclusions de novo, even in the absence of an objection. Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994). A district court may not reject the credibility determination of a magistrate judge without personally rehearing disputed testimony from the witness. Powell, 628 F.3d at 1256-58.
After careful consideration of the Report and Recommendation and an independent review of the file, the Court adopts, accepts, and approves the Report and Recommendation.
Accordingly, it is now
ORDERED:
Report and Recommendations (Doc. #192) is ACCEPTED and ADOPTED and incorporated into this Order. The Defendant, Ranferi Ramirez-Portillo's Motion to Suppress Evidence (Doc. #66) is DENIED.
DONE AND ORDERED.