Opinion
Case No. 10-CR-155.
November 26, 2010
ORDER
On November 5, 2010, United States Magistrate Judge Patricia J. Gorence issued a recommendation that this court deny defendant Belarminio Baez's motion to suppress physical evidence and his request for a Franks hearing. Neither party has filed a timely objection to the recommendation as required by 28 U.S.C. § 636(b)(1)(C) and Fed.R.Crim.P. 59(b)(2). After reviewing the recommendation, the court adopts it in its entirety and denies Baez's motion to suppress and his request for a Franks hearing. See United States v. Edwards, 894 F.Supp. 340, 341 (E.D.Wis. 1995) (holding de novo review only required for portions of magistrate's recommendation to which timely objection is made).
Franks v. Delaware, 438 U.S. 154, 171 (1978).
Accordingly, IT IS ORDERED that the November 5, 2010 recommendation of Magistrate Gorence that defendant's motion to suppress evidence and his request for a Franks hearing be denied (Docket #16) be and the same is hereby ADOPTED; IT IS FURTHER ORDERED that defendant Belarminio Baez's motion to suppress evidence and his request for a Franks hearing (Docket #9) be and the same is hereby DENIED.
Dated at Milwaukee, Wisconsin, this 26th day of November, 2010.