Opinion
CR-23-00383-001-TUC-JGZ (BGM)
02-15-2024
ORDER
Jennifer G. Zipps, United States District Judge
Pending before the Court is a Report and Recommendation (“R&R”) issued by United States Magistrate Bruce G. Macdonald. (Doc. 126.) Magistrate Judge Macdonald recommends granting Petitioner's Motion to Suppress Evidence. (Doc. 78.)
A review of the record reflects that the parties have not filed any objections to the R&R and the time to file objections has expired. As such, the Court will not consider any objections or new evidence.
Upon review of the record, the Court will adopt Magistrate Judge Macdonald's recommendation. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72; Thomas v. Arn, 474 U.S. 140, 149-54 (1985).
If neither party objects to a magistrate judge's report and recommendation, the District Court is not required to review the magistrate judge's decision under any specified standard of review. Thomas v. Arn, 474 U.S. 140, 150 (1985). However, the statute for review of a magistrate judge's recommendation “does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.” Thomas, 474 U.S. at 154.
The Court finds the R&R well-reasoned and agrees with Judge Macdonald's conclusion that the Motion to Suppress Evidence should be granted.
Accordingly, IT IS ORDERED Magistrate Judge Macdonald's Report and Recommendation (Doc. 126) is accepted.
IT IS FURTHER ORDERED Defendant's Motion to Suppress Evidence (Doc. 78) is granted.