Filed: May 02, 2016
Latest Update: May 02, 2016
Summary: ORDER LISA GODBEY WOOD , Chief District Judge . After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, dkt. no. 54, to which Defendant Paul Ruble ("Ruble") filed Objections. Accordingly, the Court ADOPTS the Report and Recommendation, as supplemented herein, as the opinion of the Court. In his Objections, Ruble maintains the Magistrate Judge "misperceived" the basis on which he seeks dismissal of the indictm
Summary: ORDER LISA GODBEY WOOD , Chief District Judge . After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, dkt. no. 54, to which Defendant Paul Ruble ("Ruble") filed Objections. Accordingly, the Court ADOPTS the Report and Recommendation, as supplemented herein, as the opinion of the Court. In his Objections, Ruble maintains the Magistrate Judge "misperceived" the basis on which he seeks dismissal of the indictme..
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ORDER
LISA GODBEY WOOD, Chief District Judge.
After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, dkt. no. 54, to which Defendant Paul Ruble ("Ruble") filed Objections. Accordingly, the Court ADOPTS the Report and Recommendation, as supplemented herein, as the opinion of the Court.
In his Objections, Ruble maintains the Magistrate Judge "misperceived" the basis on which he seeks dismissal of the indictment against him. Dkt. No. 57, p. 2. It appears Ruble misconstrues the Magistrate Judge's analysis regarding Ruble's Motion to Dismiss and Motion to Strike Surplusage. While the Magistrate Judge did state that the objected to language provided notice of the Government's case against Ruble, he did not conclude that the Government set forth medical standards for the State of Georgia. Dkt. No. 54, pp. 3-10. Rather, the Magistrate Judge concluded the language in paragraph 22 of the Indictment did not establish a medical standard and only set forth the factual bases for the Government's charges against Ruble.
The Magistrate Judge's Report and Recommendation is ADOPTED as the opinion of the Court, and Ruble's Objections, dkt. no. 54, are OVERRULED. The Court DENIES Ruble's Motion to Dismiss Indictment, Motion to Strike Surplusage, and Motion to Suppress, dkt. nos. 24, 25, 26. Ruble does not object to the Magistrate Judge's disposition of his Motion for Disclosure, Motion for Brady Materials, Motion for Statements, Motion for Intention to Use Evidence, Motion for Co-conspirators' Hearsay Exceptions, Motion to Preserve Evidence, Motion for Substance of Promises or Plea Bargains Between Witnesses and Government, and Motion for Rule 404(b) Evidence. Dkt. Nos. 28, 29, 30, 31, 32, 33, 34, and 27. Thus, the Court does not disturb the Magistrate Judge's findings as to these Motions.
SO ORDERED.