STEVE C. JONES, District Judge.
This matter appears before the Court for consideration of the magistrate judge's November 6, 2014 Report and Recommendation (" R&R") (Doc. No. [26]), in which The Honorable Justin S. Anand, United States Magistrate Judge, denied the Defendant's two motions to compel discovery (Doc. Nos. [13], [24]) and further recommended to the extent that said motions are construed as requests to dismiss the Indictment, said requests be denied.
On November 25, 2014, Defendant filed an "Affiant's Proffered Petition of Objections," which the Court construes as objections to the R&R (Doc. No. [33]).
When such objections are filed, the Court must "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). After conducting this review, the Court "may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). Additionally, the Court may "receive further evidence or recommit the matter to the magistrate judge with instructions."
In reviewing Defendant's objection, it appears that Defendant is conflating criminal and civil law/procedure in his arguments, which does not yield a proper analysis. Standing to bring a lawsuit is a concept generally found in the civil realm of the law — and so is the term "collateral interest." This is illustrated by Defendant's citation of authority,
"There are significant differences between procedural requirements in civil and criminal cases which make it unsafe to draw any analogy between the two. . . ."
Also in his filings, Defendant relies heavily on Article III, § 2 of the United States Constitution and suggests a lack of jurisdiction. Doc. No. [33], p. 5. However, Defendant's arguments fail to address Article III, § 2 in its entirety, as said section provides in relevant part that "[t]he judicial Power shall extend . . to Controversies to which the United States shall be a Party. . . ." U.S. Const. art. III, § 2, cl. 1. Here, the United States is a party to this criminal prosecution. In addition, this Court has jurisdiction to try Defendant pursuant to 18 U.S.C. § 3231, which provides that "[t]he district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States." Here, the Defendant has been charged by way of Indictment (Doc. No. [9]) with an offense against the laws of the United States, i.e., escape from custody in violation of Title 18, United States Code, Section 751(a). Accordingly, Defendant's lack of jurisdiction assertion fails.
After de novo review, the Court accepts the recommendation of the magistrate and adopts the R&R as the order of the Court. Defendant has improperly conflated civil and criminal law and is not entitled to compel production of the documents that he requests. The Court further rejects Defendant's assertions based on lack of jurisdiction.
After de novo review, the Court hereby ADOPTS the R&R (Doc. No. [26]) as the order of the Court. Defendant's objections (Doc. No. [33]) are hereby
Defendant's motions to compel discovery (Doc. Nos. [13], 1241) are hereby