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United States v. Ortiz-Gualajara

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
May 9, 2017
No. CR-16-01654-001-TUC-RM (JR) (D. Ariz. May. 9, 2017)

Opinion

No. CR-16-01654-001-TUC-RM (JR)

05-09-2017

United States of America, Plaintiff, v. Pedro Ortiz-Gualajara, Defendant.


ORDER

On April 14, 2017, Magistrate Judge Jacqueline M. Rateau issued a Report and Recommendation (Doc. 35) recommending that this Court grant Defendant's Motion to Suppress (Doc. 17). No objections to the Report and Recommendation were filed.

A district judge must "make a de novo determination of those portions" of a magistrate judge's "report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). The advisory committee's notes to Rule 72(b) of the Federal Rules of Civil Procedure state that, "[w]hen no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation" of a magistrate judge. Fed. R. Civ. P. 72(b) advisory committee's note to 1983 addition. See also Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999) ("If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error."); Prior v. Ryan, CV 10-225-TUC-RCC, 2012 WL 1344286, at *1 (D. Ariz. Apr. 18, 2012) (reviewing for clear error unobjected-to portions of Report and Recommendation).

The Court has reviewed Judge Rateau's Report and Recommendation, the parties' briefs, and the record. The Court finds no error in Judge Rateau's Report and Recommendation. Accordingly,

IT IS ORDERED that the Report and Recommendation (Doc. 35) is accepted and adopted in full.

IT IS FURTHER ORDERED that Defendant's Motion to Suppress (Doc. 17) is granted.

Dated this 9th day of May, 2017.

/s/_________

Honorable Rosemary Márquez

United States District Judge


Summaries of

United States v. Ortiz-Gualajara

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
May 9, 2017
No. CR-16-01654-001-TUC-RM (JR) (D. Ariz. May. 9, 2017)
Case details for

United States v. Ortiz-Gualajara

Case Details

Full title:United States of America, Plaintiff, v. Pedro Ortiz-Gualajara, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Date published: May 9, 2017

Citations

No. CR-16-01654-001-TUC-RM (JR) (D. Ariz. May. 9, 2017)