Opinion
Case No. 15-cv-23616-GAYLES/TURNOFF
02-23-2017
UNITED STATES OF AMERICA, Plaintiff, v. $70,670.00 IN U.S. CURRENCY, et al., Defendants.
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE comes before the Court on Magistrate Judge William C. Turnoff's Report and Recommendation [ECF No. 92] (the "Report"), entered on December 21, 2016. By Endorsed Order entered on September 21, 2016 [ECF No. 65], this Court referred to Judge Turnoff Plaintiff United States of America's Motion for Order Compelling Putative Claimants to Show Cause Why Their Claims Should Not Be Stricken [ECF No. 27] for a Report and Recommendation. Judge Turnoff's Report recommends that this Court deny Plaintiff's motion. Plaintiff timely filed objections to the Report [ECF No. 93], and Claimants responded to Plaintiff's objections [ECF No. 94].
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 F. App'x 781, 784 (11th Cir. 2006).
This Court, having conducted a de novo review of the record, concludes that the Plaintiff's objections are without merit. The Court agrees with Judge Turnoff's well-reasoned analysis and finds that Claimants have established a colorable interest in the seized property sufficient to establish standing.
Accordingly, after careful consideration, it is ORDERED AND ADJUDGED as follows:
(1) Judge Turnoff's Report and Recommendation [ECF No. 92] is AFFIRMED AND ADOPTED and incorporated into this Order by reference; and
(2) Plaintiff United States of America's Motion for Order Compelling Putative Claimants to Show Cause Why Their Claims Should Not Be Stricken [ECF No. 27] is DENIED.
DONE AND ORDERED in Chambers at Miami, Florida, this 23rd day of February, 2017.
/s/_________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE