In re Warrant

Full title: IN RE: SEARCH WARRANT NOS. [SEARCH WARRANTS DIRECTED TO SERVICE PROVIDERS…

Court: United States District Court, S.D. Ohio, Western Division

Date published: Apr 29, 2009

NO. 1:08-MC-047 (S.D. Ohio Apr. 29, 2009)

Opinion

NO. 1:08-MC-047.

April 29, 2009

OPINION AND ORDER

S. SPIEGEL, Senior District Judge

This matter is before the Court on the Report and Recommendation of the Magistrate Judge (doc. 8), to which no objection was filed.

The Magistrate Judge reviewed the pending Motion to Unseal Warrants, Provide Notification of Warrants, and for Return of Property (doc. 1), and determined that movants have raised the identical issues in their appeal of their criminal convictions inUnited States v. Warshak, et al., No. 06-CR-00111 (doc. 8). As such, the Magistrate Judge concluded the merits of movants' motion are not properly before this Court, which is divested of jurisdiction pending the appeal (Id. citing United States v. Holloway, 740 F.2d 1373, 1382 (6^th Cir. 1984)). The Magistrate Judge therefore recommended that movants' motion be denied and this case be closed (Id.).

Having reviewed this matter, and noting no objection was filed, the Court finds the Magistrate Judge's conclusions well-taken. Accordingly, the Court ADOPTS and AFFIRMS the Report and Recommendation (doc. 8), and DENIES Steven Warshak and TCI Media's Motion to Unseal Warrants, Provide Notification of Warrants, and for Return of Property (doc. 1). The Court DIRECTS the clerk to close this matter on the Court's docket.

SO ORDERED.