Opinion
CR 09-0535-TUC-CKJ.
July 30, 2009
ORDER
On June 29, 2009, Magistrate Judge Charles R. Pyle issued a Report and Recommendation [Doc. #81] in which he recommended that Defendant Garrett's Motion to Dismiss Count 1 and Motion to Suppress Evidence [Doc. #43] be denied. Magistrate Judge Pyle also recommended that Defendant Garrett's Motion to Sever [Doc. #44] be dismissed without prejudice, and her Motion for a James Hearing [Doc. #45] be denied. No objections have been filed within the time provided by 28 U.S.C. § 636(b).
Accordingly, after an independent review, IT IS ORDERED:
1. The Report and Recommendation [Doc. #81] is ADOPTED;
2. Defendant Garrett's Motion to Dismiss Count 1 and Motion to Suppress Evidence [Doc. #43] is DENIED;
3. Defendant Garrett's Motion to Sever [Doc. #44] is DISMISSED WITHOUT PREJUDICE; and
4. Defendant Garrett's Motion for a James Hearing [Doc. #45] is DENIED.