Opinion
CRIMINAL ACTION NO. 1:14CR39-3
10-23-2014
UNITED STATES OF AMERICA, Plaintiff, v. APRIL DAVIS, Defendant.
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (DKT. NO. 105) AND DENYING AS MOOT PRETRIAL MOTIONS (DKT. NOS. 52 AND 53)
On July 7, 2014, defendant April Davis ("Davis") filed a motion to suppress all documents seized based upon search warrants issued October 7, 2013, and April 14, 2014, (dkt. no. 52) and a motion to exclude the testimony of witness B.S. (dkt. no. 53). On September 23, 2014, Davis pleaded guilty to Count One of the Information (1:14-CR-62, dkt. no. 10), and the Court adopted Magistrate Judge John Kaull's order and opinion regarding Davis' plea of guilty on October 8, 2014 (1:14-CR-63, dkt. no. 14).
On October 7, 2014, Judge Kaull entered a report and recommendation recommending that the Court deny as moot Davis' pretrial motions (dkt. nos. 52 and 53) given her plea of guilty. Davis did not file any objection to Judge Kaull's report and recommendation. The Court agrees that Davis' plea of guilty, which was not entered conditionally, renders her pretrial motions moot. Therefore, the Court ADOPTS the report and recommendation (dkt. no. 105) and DENIES AS MOOT Davis' pretrial motions to suppress (dkt. nos. 52 and 53).
The Court DIRECTS the Clerk to transmit copies of this order to counsel of record. DATED: October 23, 2014
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE