UNITED STATES OF AMERICA v. TERRY

Filing 42

ORDER signed by JUDGE THOMAS D. SCHROEDER on 09/08/2016 adopting the Magistrate Judge's Recommendation, that Defendant's Motion for a Temporary Restraining Order, for Preliminary Injunction, and for Declaratory Judgment (Doc. 8 ) be DENIED. (Garland, Leah)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA UNITED STATES OF AMERICA, Plaintiff, v. GARY IVAN TERRY, Defendant. ) ) ) ) ) ) ) ) ) 1:14MC42 ORDER The Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. § 636(b) and, on April 4, 2016, was served on the parties in this action. 35, 36.) Defendant objected to the Recommendation. Objections are limited to 20 pages. L.R. 72.4. (Doc. (Doc. 37.) Thus, the court will consider only the first 20 pages of Defendant’s objections. The Government filed a response. (Doc. 38.) There is no right of reply, so the Defendant’s reply will not be considered because it is filed without authority. See L.R. 72.4. Moreover, even if it were allowed, it grossly exceeds the page limits for objections. L.R. 72.4. The court has appropriately reviewed the portions of the Magistrate Judge’s report to which objection was made and has made a de novo determination, which is in accord with the Magistrate Judge’s report. The court therefore adopts the Magistrate Judge’s Recommendation. IT IS THEREFORE ORDERED that Defendant’s Motion for a Temporary Restraining Order, for Preliminary Injunction, and for Declaratory Judgment (Doc. 8) be DENIED. /s/ Thomas D. Schroeder United States District Judge September 8, 2016 2

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