Opinion
1:22-cr-20370-GAYLES/TORRES
02-28-2023
UNITED STATES OF AMERICA, Plaintiff, v. GRAYLAN STEVE JOHNSON, Defendant.
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court upon Chief Magistrate Judge Edwin G. Torres' Report and Recommendation (“Report”) [ECF No. 43]. On November 13, 2022, Defendant Graylan Steve Johnson filed an Amended Motion to Dismiss Superseding Indictment Under Second Amendment (“Motion”). [ECF No. 24]. The matter was referred to Judge Torres, pursuant to 28 U.S.C. § 636(b)(1)(B), for a Report and Recommendation. [ECF No. 41]. On February 20, 2023, Judge Torres issued his Report recommending that the Motion be denied. Defendant did not file objections to the Report.
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed.R.Civ.P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F.Supp.2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 Fed.Appx. 781, 784 (11th Cir. 2006).
This Court finds no clear error with Judge Torres' well-reasoned analysis and conclusion that Defendant's Motion should be denied.
Accordingly, it is ORDERED AND ADJUDGED as follows:
(1) Chief Magistrate Judge Edwin G. Torres' Report and Recommendation, [ECF No. 43], is AFFIRMED AND ADOPTED and incorporated into this Order by reference.
(2) Defendant's Amended Motion to Dismiss Superseding Indictment Under Second Amendment, [ECF No. 24], is DENIED.
DONE AND ORDERED.