Summary
stating that "[t]he government's failure to provide an adequate explanation for failing to present [the evidence at issue], alone, warrants the . . . denial of the [g]overnment's request to reopen the suppression hearing for the purpose of allowing [the evidence to be admitted]"
Summary of this case from U.S. v. DuboseOpinion
Case No. 1:05CR0432.
March 24, 2006
ORDER
On August 31, 2005, the Grand Jury returned an Indictment charging Shomari Curtis, Defendant, with one (1) count of violating 21 U.S.C. § 841 (a)(1) (possession with intent to distribute cocaine). (Docket No. 8.)
On October 31, 2005, Defendant filed a motion to suppress. (Docket No. 20.) On December 27, 2005, the Government filed a response. (Docket No. 27.)
This matter was referred to a Magistrate Judge. On February 21, 2006, the Magistrate Judge issued a report in which he recommends that the motion to suppress be granted. (Docket No. 36.) Pursuant to 28 U.S.C. § 636(b)(1)(C) and Local Criminal Rule 5.3(b), he informed the parties that they had ten (10) days to file objections. (Docket No. 36, at 30.)
Subsequent review is waived if a party does not timely file objections to a Magistrate Judge's report, unless good cause is shown. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981); see also 28 U.S.C. § 636(b)(1)(C). On March 16, 2006, the government notified the Court that it would not be filing any objections.
Accordingly, the Court hereby ADOPTS the findings and conclusions of the Magistrate Judge. The motion to suppress is GRANTED.
IT IS SO ORDERED.