Opinion
Crim. Action No. 2:19-cr-13-1
05-13-2020
UNITED STATES OF AMERICA, Plaintiff, v. JOSHUA JESSIE WHITE, Defendant.
( ) ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 240] AND DENYING DEFENDANT'S SECOND MOTION TO SUPPRESS [DKT. NO. 172]
On December 2, 2019, Defendant Joshua Jessie White ("Defendant") filed a motion to suppress physical evidence [Dkt. No. 171] and a second motion to suppress physical evidence [Dkt. No. 172]. Pursuant to 28 U.S.C. § 636, the Court referred the motions to United States Magistrate Judge Michael J. Aloi for initial review and preparation of a Report and Recommendation ("R&R"). An evidentiary hearing on the second motion to suppress was held on January 10, 2020 [Dkt. No. 223]. The Magistrate Judge recommended that the second motion to suppress be denied [Dkt. No. 240].
When considering a magistrate judge's R&R pursuant to 28 U.S.C. § 636(b)(1), the Court must review de novo those portions to which objection is timely made. Otherwise, "the Court may adopt, without explanation, any of the magistrate judge's recommendations to which the [defendant] does not object." Dellarcirprete v. Gutierrez, 479 F. Supp. 2d 600, 603-04 (N.D.W. Va. 2007) (citing Camby v. Davi s, 718 F.2d 198, 199 (4th Cir. 1983)). Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).
Here, objections to the Magistrate Judge's R&R were due on or before February 7, 2020. To date, Defendant has not filed any objections. Accordingly, the Court reviewed the R&R for clear error.
Conclusion
Upon careful review of the above, and finding no clear error, the Court ADOPTS the R&R [Dkt. No. 240]. Defendant's second motion to suppress [Dkt. No. 172] is DENIED.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to counsel of record.
DATED: May 13, 2020
/s/ Thomas S. Kleeh
THOMAS S. KLEEH
UNITED STATES DISTRICT JUDGE