Opinion
SA-18-CR-00064-OLG-1
11-01-2023
UNITED STATES OF AMERICA v. PAUL FLORES
ORDER
ORLANDO L. GARCIA, UNITED STATES DISTRICT JUDGE
The Court has considered United States Magistrate Judge Elizabeth S. Chestney's Report and Recommendation (R&R), filed August 16, 2023, concerning Defendant Paul Flores's Motion to Dismiss the Indictment. (See R&R, Dkt. No. 34.) A party who wishes to object to a Magistrate Judge's findings and recommendations must serve and file written objections within fourteen days. 28 U.S.C. § 636(b)(1). Flores, through counsel, was electronically served with a copy of the R&R on August 16, 2023, and timely filed his objections on August 28, 2023 (see Dkt. No. 37).
When a party objects to a Magistrate Judge's R&R, the Court conducts a de novo review as to those portions of the report or recommendations to which an objection is made. 28 U.S.C. § 636(b)(1); FED. R. Civ. P. 72(b); U.S. v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert, denied, 492 U.S. 918 (1989). Frivolous, conclusory, or general objections need not be considered by the district court. Battle v. U.S. Parole Com 'n, 834 F.2d 419, 421 (5th Cir. 1987). Any portions of the Magistrate Judge's findings or recommendations that were not objected to are reviewed for clear error. Wilson, 864 F.2d at 1221.
The Court has reviewed the entirety of the R&R de novo and agrees with the Magistrate Judge's findings and recommendation. Accordingly, the Court ACCEPTS the Magistrate Judge's R&.R (Dkt. No. 34) and. for the reasons set forth therein. Defendant Paul Flores's Motion to Dismiss (Dkt. No. 29) is DENIED.
It is so ORDERED.