U.S. v. TRAN, 4:15-CR-3037. (2017)
Court: District Court, D. Nebraska
Number: infdco20170206d82
Visitors: 4
Filed: Feb. 03, 2017
Latest Update: Feb. 03, 2017
Summary: ORDER JOHN M. GERRARD , District Judge . This matter is before the Court on the Magistrate Judge's Findings and Recommendation (filing 155) that the government's motion to dismiss (filing 125) be granted and that Bryan Tran's petition in opposition to forfeiture (filing 108) be overruled. The petitioner has not objected to the Magistrate Judge's findings and recommendation. See NECrimR 59.2. The Magistrate Judge's order advised the petitioner that "failing to file an objection to this rec
Summary: ORDER JOHN M. GERRARD , District Judge . This matter is before the Court on the Magistrate Judge's Findings and Recommendation (filing 155) that the government's motion to dismiss (filing 125) be granted and that Bryan Tran's petition in opposition to forfeiture (filing 108) be overruled. The petitioner has not objected to the Magistrate Judge's findings and recommendation. See NECrimR 59.2. The Magistrate Judge's order advised the petitioner that "failing to file an objection to this reco..
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ORDER
JOHN M. GERRARD, District Judge.
This matter is before the Court on the Magistrate Judge's Findings and Recommendation (filing 155) that the government's motion to dismiss (filing 125) be granted and that Bryan Tran's petition in opposition to forfeiture (filing 108) be overruled. The petitioner has not objected to the Magistrate Judge's findings and recommendation. See NECrimR 59.2. The Magistrate Judge's order advised the petitioner that "failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation." Filing 155 at 8; see NECrimR 59.2(e).
28 U.S.C. § 636(b)(1) provides for de novo review only when a party objected to the magistrate's findings or recommendations. Peretz v. United States, 501 U.S. 923 (1991). The failure to file an objection eliminates not only the need for de novo review, but any review by the Court. Thomas v. Arn, 474 U.S. 140 (1985); Leonard v. Dorsey & Whitney LLP, 553 F.3d 609 (8th Cir. 2009). Accordingly, the Court will adopt the Magistrate Judge's findings and recommendation, grant the government's motion to dismiss, and overrule the petition in opposition to forfeiture.
IT IS ORDERED:
1. The Magistrate Judge's findings and recommendation (filing 155) are adopted.
2. The government's motion to dismiss (filing 125) is granted.
3. Bryan Tran's petition in opposition to forfeiture (filing 108) is overruled.
Source: Leagle
