Opinion
Crim. Action No. 1:18-cr-58
02-27-2019
UNITED STATES OF AMERICA, Plaintiff, v. BRIAN K. GRIFFEY, Defendant.
(Kleeh)
ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 45] AND DENYING DEFENDANT'S MOTION TO SUPPRESS [DKT. NO. 26]
On November 6, 2018, Brian K. Griffey ("Defendant") was charged in a one-count indictment for Unlawful Possession of a Firearm and Ammunition in violation of 18 U.S.C. § 922(g)(1) and 924(e). On February 1, 2019, Defendant filed a motion to suppress 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.
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. Davis, 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 Tuesday, February 26, 2019. 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 [Dkt. No. 45]. Defendant's motion to suppress [Dkt. No. 26] is DENIED.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to counsel of record. DATED: February 27, 2019
/s/ Thomas S. Kleeh
THOMAS S. KLEEH
UNITED STATES DISTRICT JUDGE