Filed: Aug. 07, 2013
Latest Update: Aug. 07, 2013
Summary: ORDER MARCIA MORALES HOWARD, District Judge. THIS CAUSE is before the Court on Defendant's Motion To Suppress and Memorandum of Law in Support (Doc. No. 43; Motion), filed on January 25, 2013. The Government opposes Defendant's Motion. See United States' Response in Opposition to Defendant's Motion to Suppress (Doc. No. 54). The Motion was referred to the Honorable Thomas E. Morris, United States Magistrate Judge, to conduct an evidentiary hearing and recommend an appropriate resolution. A
Summary: ORDER MARCIA MORALES HOWARD, District Judge. THIS CAUSE is before the Court on Defendant's Motion To Suppress and Memorandum of Law in Support (Doc. No. 43; Motion), filed on January 25, 2013. The Government opposes Defendant's Motion. See United States' Response in Opposition to Defendant's Motion to Suppress (Doc. No. 54). The Motion was referred to the Honorable Thomas E. Morris, United States Magistrate Judge, to conduct an evidentiary hearing and recommend an appropriate resolution. Ac..
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ORDER
MARCIA MORALES HOWARD, District Judge.
THIS CAUSE is before the Court on Defendant's Motion To Suppress and Memorandum of Law in Support (Doc. No. 43; Motion), filed on January 25, 2013. The Government opposes Defendant's Motion. See United States' Response in Opposition to Defendant's Motion to Suppress (Doc. No. 54). The Motion was referred to the Honorable Thomas E. Morris, United States Magistrate Judge, to conduct an evidentiary hearing and recommend an appropriate resolution. Accordingly, Judge Morris held an evidentiary hearing on March 14, 2013. See Clerk's Minutes (Doc. No. 68); Transcript of Suppression Hearing (Doc. No. 77).1 On May 14, 2013, Judge Morris entered a Report and Recommendation (Doc. No. 85; Report) recommending that the Motion be denied. See Report at 2. Thereafter, Defendant filed objections to the Report, see Defendant's Objections to Report and Recommendation (Doc. No. 88; Objections), and the Government responded, see United States' Notice of No Objection (Doc. No. 90). Accordingly, this matter is ripe for review.
The Court reviews a magistrate judge's report and recommendation in accordance with the requirements of Rule 59, Federal Rules of Criminal Procedure (Rule(s)) and 28 U.S.C. § 636(b)(1). The Court "may accept, reject or modify, in whole or in part, the findings of the recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1); see also Rule 59(b)(3). "[I]n determining whether to accept, reject, or modify the magistrate's report and recommendations, the district court has the duty to conduct a careful and complete review." Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982) (quoting Nettles v. Wainwright, 677 F.2d 404, 408 (5th Cir. Unit B 1982)2). Additionally, pursuant to Rule 59 and § 636(b)(1), where a party timely objects3 to the magistrate judge's report and recommendation, "[a] judge of the [district] court 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); see also Rule 59(b)(3); Thomas v. Arn, 474 U.S. 140, 149-50 (1985). Nevertheless, while de novo review of a magistrate judge's recommendation is required only where an objection is made4, the Court always retains the authority to review such a recommendation in the exercise of its discretion. See Rule 59 advisory committee notes (2005) (citing Thomas, 474 U.S. at 154; Mathews v. Weber, 423 U.S. 261, 270-71 (1976)).
Upon independent review of the file and for the reasons stated in the Magistrate Judge's Report, the Court will overrule Defendant's Objections, and accept and adopt the legal and factual conclusions recommended by the Magistrate Judge.
ORDERED:
1. Defendant's Objections to Report and Recommendation (Doc. No. 88) is OVERRULED.
2. The Magistrate Judge's Report and Recommendation (Doc. No. 85) is ADOPTED as the opinion of the Court.
3. Defendant's Motion to Suppress and Memorandum of Law in Support (Doc. No. 43) is DENIED.
DONE AND ORDERED.