Opinion
CRIMINAL ACTION 1:22-CR-66-1
02-27-2024
UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM KEVIN GLOVER, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION [ECF NO. 232] AND DENYING DEFENDANT'S MOTION TO SUPPRESS [ECF NO. 217]
THOMAS S. KLEEH, CHIEF JUDGE
On January 23, 2024, Defendant William Glover (“Defendant”) filed a motion to suppress physical evidence. Pursuant to 28 U.S.C. § 636, the Court referred the motion to United States Magistrate Judge Michael J. Aloi for initial review and preparation of a Report and Recommendation (“R&R”). The Magistrate Judge recommended that the motion to suppress be denied. ECF No. 232.
When considering a magistrate judge's R&R pursuant to 28 U.S.C. § 636(b)(1), the Court must review de novo those portions to which objection is timely made. Otherwise, “the Court may adopt, without explanation, any of the magistrate judge's recommendations to which the [defendant] does not object.” Dellarcirprete v. Gutierrez, 479 F.Supp.2d 600, 603-04 (N.D. W.Va. 2007) (citing Camby v. Davi s, 718 F.2d 198, 199 (4th Cir. 1983)). Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).
Here, objections to the Magistrate Judge's R&R were due on or before February 23, 2024. To date, Defendant has not filed any objections. Accordingly, the Court reviewed the R&R for clear error.
Conclusion
Upon careful review of the above, and finding no clear error, the Court ADOPTS the R&R [ECF No. 232]. Defendant's motion to suppress [ECF No. 217] is DENIED.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to counsel of record.