Peeples v. United States of America

Filing 11

DECISION and ORDER adopting Report and Recommendations re 4 Report and Recommendations.; denying 1 Motion for Return of Property. The Petitioners objections to the Report-Recommendation, dkt. # 9, are hereby OVERRULED. The Report-Recommenda tion, dkt. # 4, is hereby ACCEPTED. The motion for return of property seized pursuant to a search warrant, dkt. # 1, is hereby DENIED. The Clerk of Court is directed to CLOSE the case. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on 11/28/2017. (Copy served via regular and certified mail)(khr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

JOSEPH W. PEEPLES,
Petitioner,
v.

3:17-MC-26
(TJM/ATB)

UNITED STATES OF AMERICA,
Respondent.

Thomas J. McAvoy, SR. U.S.D.J.

DECISION and ORDER
The Court referred this action, which seeks return of property seized pursuant to a
search warrant issued in this District, to the Hon. Andrew T. Baxter, United States
Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and
Rule 72.3(d) of the Local Rules of the Northern District of New York. The ReportRecommendation, dated November 3, 2017, recommends that Petitioner’s motion, which
was brought pursuant to Federal Rule of Criminal Procedure 41(g), be denied.
Petitioner filed objections to the Report-Recommendation. When objections to a
magistrate judge’s Report-Recommendation are lodged, the Court makes a “de novo
determination of those portions of the report or specified proposed findings or
recommendations to which objection is made.” See 28 U.S.C. § 636(b)(1). After such a
review, the Court may “accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge. The judge may also receive further
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evidence or recommit the matter to the magistrate judge with instructions.” Id.
Having reviewed the record de novo and having considered the issues raised in the
Petitioner’s objections, this Court has determined to accept and adopt the
recommendations of Magistrate Judge Baxter for the reasons stated in the ReportRecommendation.
Accordingly:
The Petitioner’s objections to the Report-Recommendation, dkt. # 9, are hereby
OVERRULED. The Report-Recommendation, dkt. # 4, is hereby ACCEPTED. The
motion for return of property seized pursuant to a search warrant, dkt. # 1, is hereby
DENIED. The Clerk of Court is directed to CLOSE the case.
IT IS SO ORDERED

Dated:November 28, 2017

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