Opinion
No. CR-19-00541-002-TUC-JGZ (LCK)
01-23-2020
United States of America, Plaintiff, v. Alan Tadeo Rabago, Defendant.
ORDER
Before the Court is Magistrate Judge Kimmins' Report and Recommendation (R&R) recommending that the District Court deny Defendant's Motion to Suppress Statements. The Parties have not filed any objections to the Report.
When reviewing a Magistrate Judge's Report and Recommendation, this Court "shall make a de novo determination of those portions of the report . . . to which objection is made," and "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C); see also Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991) (citing Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983)). Failure to object to a Magistrate Judge's recommendation relieves the Court of conducting de novo review of the Magistrate Judge's factual findings; the Court then may decide the dispositive motion on the applicable law. Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979) (citing Campbell v. United States Dist. Ct., 501 F.2d 196 (9th Cir. 1974)). Having reviewed the record in this case, the Court will adopt Magistrate Judge Kimmins' recommendation. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; Thomas v. Arn, 474 U.S. 140, 149-54 (1985). Accordingly,
IT IS ORDERED that Judge Kimmins' R&R (Doc. 143) is ADOPTED.
IT IS FURTHER ORDERED that Defendant's Amended First Motion to Suppress Statements (Doc. 127) is DENIED.
Dated this 23rd day of January, 2020.
/s/_________
Honorable Jennifer G. Zipps
United States District Judge