Opinion
CRIMINAL ACTION NO. 3:09-CR-46-2 and 3.
August 26, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation ("R R") of United States Magistrate Judge David J. Joel. On July 8, 2009, Magistrate Judge Joel held a hearing on Defendants Jarvis and McGann's Motions to Suppress [Docs. 52 61]. Subsequent to that suppression hearing, Magistrate Judge Joel filed his R R as to the defendants' motions to suppress [Doc. 82] on July 31, 2009. In that filing, the magistrate judge recommended that this Court deny the motions.
Pursuant to 28 U.S.C. § 636(b)(1)(c), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, the Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn , 474 U.S. 140, 150 (1985). In addition, failure to file timely objections constitutes a waiver of de novo review and the petitioner's right to appeal this Court's Order. 28 U.S.C. § 636(b)(1); Snyder v. Ridenour , 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce , 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge Joel's R R were due within ten days after being served with a copy, pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). To date, neither party has filed objections to the R R. Furthermore, both of the above defendants have since entered into plea agreements. Accordingly, this Court will review the report and recommendation for clear error.
Therefore, upon careful review of the R R, it is the opinion of this Court that the magistrate judge's Report and Recommendation [Doc. 82] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Accordingly, the Defendants' Motions to Suppress [Docs. 52 61] are hereby DENIED.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record herein.