Opinion
CASE NO. 2:10-CR-55-FTM-36-DNF.
August 25, 2010
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Douglas Frazier on August 9, 2010 (Dkt. 29). Following an evidentiary hearing held on August 2, 2010, the Magistrate Judge recommends in his Report and Recommendation that the Court deny the Motion to Suppress Identification (Dkt. 25), filed by the Defendant. Neither party has filed any objections to the Report and Recommendation, and the time for doing so has now expired.
After carefully considering Defendant's Motion to Suppress Identification, the Government's Response in Opposition (Dkt. 27), and Magistrate Judge Frazier's Report and Recommendation, and undertaking a de novo review of the legal determinations recommended in the Report and Recommendation, the Court concludes that Magistrate Judge Frazier's Report and Recommendation should be confirmed and accepted.
ACCORDINGLY, it is now ORDERED AND ADJUDGED as follows:
1. The Report and Recommendation of the Magistrate Judge (Dkt. 29) is ADOPTED, CONFIRMED and APPROVED in all respects and is made a part of this order for all purposes, including appellate review.
2. Defendant's Motion to Suppress Identification (Dkt. 25) is DENIED. DONE AND ORDERED at Ft. Myers. Florida.