Opinion
CASE NO.: 1:19-cr-20227-GAYLES/OTAZO-REYES
01-27-2021
UNITED STATES OF AMERICA v. TAMIEN DERRICK BAIN, Defendant.
ORDER
THIS CAUSE comes before the Court upon Magistrate Judge Alicia M. Otazo-Reyes's Report and Recommendation ("Report"), [ECF No. 226], on pro se Defendant Tamien Derrick Bain's Motion to Demand Speedy Trial/Trial by Jury (the "Motion"), [ECF No. 190]. This case was referred to Judge Otazo-Reyes, pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, to take all necessary and proper action as required by law and/or to submit a Report and Recommendation to this Court regarding the Motion. [ECF No. 196]. On October 28, 2020, Judge Otazo-Reyes issued her Report recommending that the Court deny the Motion. Defendant filed a timely objection arguing that he did not have an opportunity to file a reply to the Government's Response to Defendant's Motion. [ECF No. 244]. As such, the Court deferred ruling on the Report to give Defendant an opportunity to file a reply to the Government's Response. [ECF No. 289]. Defendant did not file a timely reply.
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 finds no clear error with Judge Otazo-Reyes's well-reasoned analysis and agrees that the Motion should be denied.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Magistrate Judge Alicia M. Otazo-Reyes's Report and Recommendation, [ECF No. 226], is AFFIRMED AND ADOPTED and incorporated into this Order by reference; and
2. Defendant Tamien Derrick Bain's Motion to Demand Speedy Trial/Trial by Jury, [ECF No. 190], is DENIED.
DONE AND ORDERED in Chambers at Miami, Florida, this 27th day of January, 2021.
/s/_________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE