Opinion
Case No. 3:11-cr-183 Case No. 3:14-cv-101
06-17-2014
UNITED STATES OF AMERICA, Plaintiff, v. PAUL DAVID MUSGRAVE, Defendant.
Judge Timothy S. Black
Magistrate Judge Michael R. Merz
DECISION AND ENTRY: (1) ADOPTING THE REPORT AND
RECOMMENDATION OF THE MAGISTRATE JUDGE (Doc. 192);
(2) OVERRULING THE GOVERNMENT'S OBJECTIONS (Doc. 193); AND
(3) DENYING THE GOVERNMENT'S MOTION TO DISMISS (Doc. 188)
This case is before the Court on the Government's Motion to Dismiss or Hold in Abeyance the Motion to Vacate filed by Defendant Paul David Musgrave ("Musgrave"). (Doc. 188). The Magistrate Judge recommends that the Government's Motion be denied. (Doc. 192). The Government filed Objections to the conclusions of the Magistrate Judge. (Doc. 193). Musgrave filed a Response to the Government's Objections. (Doc. 194). The issues are now ripe for decision by the Court.
With regard to the Magistrate Judge's recommendation that the Government's Motion to Dismiss be denied, the Court has conducted a de novo review as required by 28 U.S.C. § 636(b) and FED. R. CIV. P. 72(b). With regard to the Government's Objection to the Magistrate Judge's denial of its request to hold the Motion to Vacate in abeyance, the Court has reviewed the findings of the Magistrate Judge pursuant to FED. R. CIV. P. 72(a) to determine whether such denial "is clearly erroneous or is contrary to law."
Upon conducting the foregoing review, the Court: (1) ADOPTS the Report and Recommendation of the Magistrate Judge (Doc. 192) in its entirety; (2) OVERRULES the Government's Objections (Doc. 193); and (3) DENIES the Government's Motion to Dismiss or Hold in Abeyance (Doc. 188).
IT IS SO ORDERED.
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Timothy S. Black
United States District Judge