Opinion
Criminal Action No. 16-mj-698
08-15-2016
UNITED STATES OF AMERICA, v. HENRY LITTLE-PROCTOR.
ORDER
Defendant Henry Little-Proctor's Motion for Review of Magistrate Judge's Finding of Probable Cause (Doc. 12) is DENIED.
Defendant asks the Court to review the Magistrate Judge's finding of probable cause prior to any final determination by a Grand Jury. In making his request, Defendant has not provided, nor has the Court found, any authority justifying the Court's intervention in this matter at this stage. The cases Defendant points to as "authority" for this Court to overturn a Magistrate Judge's finding of probable cause all pre-date the Federal Magistrates Act of 1968, 28 U.S.C. § 631 et seq. United States v. Vassallo, 282 F.Supp. 928 (E.D.Pa. 1968); United States v. Florida, 165 F.Supp. 328 (E.D.Ark. 1958); United States v. Zerbst, 111 F.Supp. 807 (E.D.S.C. 1953). The cited cases address a District Court's ability to review and overturn a finding by a quasi-judicial United States Commissioner, not a federal Magistrate Judge, and are, thus, inapposite.
The issues raised by Defendant in the instant motion are more appropriately raised in a writ of habeas corpus, writ of mandamus or in pretrial motions, if and when an indictment has been returned. United States v. Reeds, 552 F.2d 170, 171 (7th Cir. 1977) (citing United States v. King, 482 F.2d 768, 771 (D.C. Cir. 1973)); Fed. R. Crim. P. 12(b)(3)(A). Accordingly, Defendant's Motion for Review of Magistrate Judge's Finding of Probable Cause (Doc. 12) is DENIED.
IT IS SO ORDERED. August 15, 2016
s/Cathy Bissoon
Cathy Bissoon
United States District Judge cc (via ECF email notification): All Counsel of Record