U.S. v. Blumhagen

Full title: UNITED STATES OF AMERICA, v. STEVEN D. BLUMHAGEN and SUSAN M. BLUMHAGEN…

Court: United States District Court, W.D. New York

Date published: Feb 25, 2005

03-CR-56S (W.D.N.Y. Feb. 25, 2005)

Opinion

03-CR-56S.

February 25, 2005

ORDER

WILLIAM SKRETNY, District Judge

1. On March 11, 2003, this Court referred this matter to the Honorable Leslie G. Foschio, United States Magistrate Judge, for all pretrial matters pursuant to 28 U.S.C. § 636(b)(1).

2. On July 20, 2004, Defendants filed an omnibus motion seeking a Bill of Particulars, discovery, and dismissal of Count 29 of the Indictment.

3. On November 17, 2004, Judge Foschio filed a Decision and Order denying Defendants' request for a Bill of Particulars and granting their discovery request. Further, Judge Foschio issued a Report and Recommendation recommending that Defendants' Motion to Dismiss Count 29 be denied.

4. On November 30, 2004, Defendants filed Objections to Judge Foschio's Report and Recommendation and to that portion of the Decision and Order that denied their Motion for Bill of Particulars. The Government responded to Defendants' Objections on December 29, 2004. This Court heard oral argument on January 24, 2005, and reserved decision at that time.¹

1 At oral argument, Defendants withdrew their Objections to Judge Foschio's Report and Recommendation recommending denial of their Motion to Dismiss Count 29 of the Indictment. As a result, only Defendants' objections to Judge Foschio's decision denying their Motion for Bill of Particulars is presently before this Court.

5. Pursuant to 28 U.S.C. § 636(b)(1)(A), a magistrate judge may hear and determine any pretrial matter pending before the court.² The magistrate judge's order on such a pretrial matter will be reconsidered by the district judge only when it has been established that it is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). As such, this Court will set aside or modify Judge Foschio's Decision and Order in this case only if it finds that the Decision and Order is clearly erroneous or contrary to law.

2 Under this district's Local Rules, review of a magistrate judge's order is governed by 28 U.S.C. § 636(b)(1). See Local Rule of Criminal Procedure 58.2(a)(2).

6. Clearly Defendants disagree with Judge Foschio's rulings, but this alone does not serve as cause to disturb the Decision and Order. Defendants have not established that Judge Foschio's Decision and Order is clearly erroneous or contrary to law. Accordingly, this Court will deny Defendants' Objections.

IT HEREBY IS ORDERED, that Defendants' Objections to Judge Foschio's November 17, 2004 Decision and Order (Docket No. 93) are DENIED.

FURTHER, that Judge Foschio's November 17, 2004 Decision and Order (Docket No. 92) is AFFIRMED in its entirety.

SO ORDERED.