Opinion
11-CR-6153L
07-18-2012
UNITED STATES OF AMERICA, Plaintiff, v. TRYN PARKER, Defendant.
DECISION AND ORDER
This Court referred all pretrial matters and motions to United States Magistrate Judge Jonathan W. Feldman pursuant to 28 U.S.C. § 636(b). Defendant, Tryn Parker ("Parker"), is charged with failing to surrender for service of a sentence that this Court previously imposed on him for bank fraud.
Parker, represented by counsel, filed a pro se motion (Dkt. #34) to dismiss the indictment. The motion was briefed, the Magistrate Judge heard argument and issued a Report and Recommendation (Dkt. #46) which recommended that this Court deny the motion to dismiss. Parker filed an objection to the Report and Recommendation (Dkt. #47), pro se.
I have carefully reviewed the pleadings as well as Parker's objections to the Magistrate Judge's Report and Recommendation, and I find no basis to reject or modify the Magistrate Judge's Report and Recommendation. I agree with Magistrate Judge Feldman's assessment that there is no basis in any of Parker's pleadings to warrant dismissal of the pending indictment. Therefore, I accept and adopt the Magistrate Judge's Report and Recommendation and deny the defendant's motion to dismiss the indictment.
CONCLUSION
I accept and adopt the Report and Recommendation (Dkt. #46) of United States Magistrate Judge Jonathan W. Feldman.
I deny defendant's pro se motion (Dkt. #34) to dismiss the indictment.
IT IS SO ORDERED.
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DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
July 18, 2012.