Smiley v. USA
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 17 ; denying Motion for Return of Property 1 . Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 11/5/2012. (dka, )
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
STEVEN PATRICK SMILEY,
Case No. 11-cv-353-JPG
UNITED STATES OF AMERICA,
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
17) of Magistrate Judge Philip M. Frazier recommending that the Court deny plaintiff Steven
Patrick Smiley’s motion for return of property pursuant to Federal Rule of Criminal Procedure
41(g) (Doc. 1).
The Court may accept, reject or modify, in whole or in part, the findings or
recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P.
72(b)(3). The Court must review de novo the portions of the report to which objections are made.
Id. “If no objection or only partial objection is made, the district court judge reviews those
unobjected portions for clear error.” Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir.
The Court has received no objection to the Report. The Court has reviewed the entire file
and finds that the Report is not clearly erroneous. Accordingly, the Court hereby:
ADOPTS the Report in its entirety (Doc. 17);
DENIES Smiley’s motion for return of property (Doc. 1); and
DIRECTS the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.
DATED: November 5, 2012
s/J. Phil Gilbert
J. PHIL GILBERT
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