Opinion
06 CV 2842 (NG) (CLP).
April 16, 2008
ORDER
Plaintiff objects to so much of the Report and Recommendation of Magistrate Judge Cheryl L. Pollak, dated January 7, 2008, which recommended denial of his motion to preclude from evidence his written statement to the police. I therefore have reviewed the issue de novo. Upon that review, I conclude that Judge Pollak's legal analysis was sound and adopt her recommendation. Plaintiff relies on a claimed Fifth Amendment violation as the basis for exclusion of the testimony. The Fifth Amendment affords no basis for excluding the evidence in this civil action. Therefore, the motion is denied.