U.S. v. Richard Sanchez Banks

Full title: UNITED STATES OF AMERICA, Plaintiff(s), v. RICHARD SANCHEZ BANKS, et al.…

Court: United States District Court, D. Arizona

Date published: Jan 10, 2006

No. CR04-2173 TUC JMR (HCE) (D. Ariz. Jan. 10, 2006)

Opinion

No. CR04-2173 TUC JMR (HCE).

January 10, 2006

ORDER

JOHN ROLL, District Judge

The District Court, has independently reviewed the pleadings in the court file in this matter, the Magistrate Judge's Report and Recommendation, and the objections filed by defendant. Although defense counsel argues that the "Magistrate's ruling was beyond the scope of his authority," the Magistrate Judge issued a Report and Recommendation, not a final order.

IT IS ORDERED that the District Court ADOPTS the Magistrate Judge's report and recommendation by minutes dated December 21, 2005, and the defendant's motion for order of dismissal based upon the government's failure to respond to defendant's previously filed motion to dismiss is DENIED (document #54).

IT IS FURTHER ORDERED as follows:

1. The government's:

a. motion for extension of time (document #61);

b. amended request for extension of time to answer (document #68); and,

c. supplement to amended request for extension of time to answer (document #71) are GRANTED.

2. The government's:

a. response to defendant Banks' motion to dismiss for Fifth Amendment violation (document 62#); and,

b. motion to suppress stop of vehicle (document #67) are hereby filed as timely.

This case remains set for hearing on February 24, 2006, at 1:30 p.m. regarding:

1. defendant's motion to dismiss for violation of Fifth Amended due process clause (document #53);

2. defendant's supplemental motion and memorandum in support of motion to suppress stop of vehicle by Richard Banks (document #38); and,

3. all other any pending pretrial motions (documents #14 and #20) .

This case remains set for trial on March 7, 2006, at 9:30 a.m.