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U.S. v. Drake

United States District Court, N.D. West Virginia
Jan 9, 2008
CRIMINAL NO. 1:07CR53 (N.D.W. Va. Jan. 9, 2008)

Opinion

CRIMINAL NO. 1:07CR53.

January 9, 2008


ORDER ADOPTING REPORT AND RECOMMENDATION


On August 3, 2007, United States Magistrate Judge John S. Kaull entered a Report and Recommendation ("R R") (dkt no. 71) that recommended that this Court deny defendant's motion to suppress. The R R specifically warned that failure to object to the Magistrate's recommendations would result in the waiver of any appellate rights on this issue. On August 14, 2007, the Court conducted a hearing and granted the defendant an extension until August 24, 2007 to file objections to the R R. Despite this extension, however, the defendant failed to file any objections. Consequently, the Court ADOPTS the R R in its entirety and DENIES the motion (dkt. no. 52).

Drake's failure to object to the Report and Recommendation not only waives his appellate rights in this matter, but also relieves the Court of any obligation to conduct a de novo review of the issue presented. See Thomas v. Arn, 474 U.S. 140, 148-153 (1985); Wells v. Shriners Hosp., 109 F.3d 198, 199-200 (4th Cir. 1997).

It is so ORDERED.

The Clerk is directed to transmit copies of this Order to counsel of record, the Probation Office and all appropriate agencies.


Summaries of

U.S. v. Drake

United States District Court, N.D. West Virginia
Jan 9, 2008
CRIMINAL NO. 1:07CR53 (N.D.W. Va. Jan. 9, 2008)
Case details for

U.S. v. Drake

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. DEANTE DRAKE, Defendant

Court:United States District Court, N.D. West Virginia

Date published: Jan 9, 2008

Citations

CRIMINAL NO. 1:07CR53 (N.D.W. Va. Jan. 9, 2008)

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