The judge also agreed to stay her order if Grant chose to appeal. Grant appealed the magistrate judge's order to the district court, which also denied his motion. United States v. Grant , 184 F.Supp.3d 250, 255 (E.D. Va. 2016). Grant subsequently noted this appeal, and the district court stayed its order pending our decision.
Accordingly, whether the magistrate judge applied the correct rule of law is reviewed de novo, but is deferential “to the extent that the magistrate judge's decision under the correct rule of law involved the exercise of discretion.” United States v. Grant, 184 F.Supp.3d 250, 252 (E.D. Va. 2016).