Opinion
CRIMINAL ACTION FILE NO. 1:19-cr-00022-WMR
12-16-2019
UNITED STATES OF AMERICA v. KEVIN L. KIRTON, Defendant.
ORDER
This matter is before the Court on the Magistrate Judge's Report and Recommendation ("R & R") [Doc. 39], which recommends that Defendant's Motions to Suppress and Motion for a Franks hearing [Docs. 30, 34, 37] be DENIED, and that Defendant's Motion to Suppress Statements [Doc. 32] be DENIED as MOOT. No objection to the R & R has been filed.
I. LEGAL STANDARD
Pursuant to 28 U.S.C. § 636(b)(1)(C) and LR 59(2)(a), the Court reviews the R & R for clear error if no objections are filed by a party within 14 days after being served with a copy. If a party files objections, however, the Court must determine de novo any part of the R & R that is the subject of a proper objection. Id. As no objection to the R & R has been filed in this case, the clear error standard applies.
II. CONCLUSION
After considering the Report and Recommendation [Doc. 39], the Court receives the R & R with approval and adopts its findings and legal conclusions as the Opinion of this Court. Accordingly, it is hereby ORDERED that the Motions to Suppress and Motion for a Franks hearing [Docs. 30, 34, 37] are DENIED and that the Motion to Suppress Statements [Doc. 32] is DENIED as moot.
IT IS SO ORDERED, this 16th day of December, 2019.
/s/_________
WILLIAM M. RAY, II
United States District Court Judge
Northern District of Georgia