Opinion
1:21-cr-20254-GAYLES/TORRES
10-19-2021
UNITED STATES OF AMERICA v. TENARD TYRONE THOMAS, Defendant.
ORDER
DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE.
THIS CAUSE comes before the Court on Magistrate Judge Edwin G. Torres's Report and Recommendation (the "Report") [ECF No. 42] on Defendant Tenard Tyrone Thomas's Motion to Suppress (the "Motion") [ECF No. 23]. On January 17, 2021, Defendant was arrested and charged with being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). [ECF No. 15]; [ECF No. 42 at 6]. On August 31, 2021, Defendant filed the instant Motion in which he seeks to "suppress any and all evidence, both physical and testimonial, obtained as a result of an unlawful seizure and search on January 17, 2021." [ECF No. 23 at 1]. On September 7, 2021, the Court referred the Motion to Judge Torres, pursuant to 28 U.S.C. § 636(b)(1)(B), for a report and recommendation. [ECF No. 27]. On October 5, 2021, Judge Torres issued his Report recommending that the Motion be denied. [ECF No. 23]. On October 12, 2021, Defendant timely filed his Objections to the Report. [ECF No. 43].
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections "pinpoint the specific findings that the party disagrees with." United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objections are made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F.Supp.2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 Fed.Appx. 781, 784 (11th Cir. 2006).
Having conducted a de novo review of the record, the Court agrees with Judge Torres's well-reasoned analysis and conclusion that the Motion should be denied.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Magistrate Judge Edwin G. Torres's Report and Recommendation, [ECF No. 42], is AFFIRMED AND ADOPTED and incorporated into this Order by reference.
2. Defendant Tenard Tyrone Thomas's Motion to Suppress, [ECF No. 23], is DENIED.
DONE AND ORDERED.