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United States v. Jarnigan

September 5, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MARCUS JARNIGAN, DEFENDANT.



The opinion of the court was delivered by: Thomas A. Varlan United States District Judge

(VARLAN/SHIRLEY)

ORDER

This criminal case is before the Court for consideration of the Report and Recommendation entered by United States Magistrate C. Clifford Shirley on June 11, 2008. [Doc. 36.] There have been no timely objections to the Report and Recommendation,*fn1 and enough time has passed since the filing of the Report and Recommendation to treat any objections as having been waived.*fn2 See 28 U.S.C. § 636(b)(1); Fed. R. Crim. P. 59(b)(2). Magistrate Judge Shirley recommended that the Court deny Defendant Jarnigan's motion to suppress evidence. [Doc. 15].

The Court has carefully reviewed this matter, including the underlying pleadings and other related materials. [See Docs. 16, 20, 25, 31, 35, 41.] The Court is in agreement with Magistrate Judge Shirley's recommendation, which the Court hereby adopts and incorporates into its ruling. Accordingly, Defendant Jarnigan's motion to suppress [Doc. 15] is DENIED. The Court ACCEPTS IN WHOLE the Report and Recommendation. [Doc. 36.]

The trial is hereby SCHEDULED for Tuesday, September 30, 2008, at 9:00 a.m.

IT IS SO ...


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