Opinion
Case No. 8:13-cr-224-T-33AEP
12-02-2013
UNITED STATES OF AMERICA v. ANTOUIN L. BARKER
ORDER
This matter is before the Court upon consideration of the Report and Recommendation of the Honorable Anthony E. Porcelli, United States Magistrate Judge (Doc. # 33), which was filed on October 22, 2013, recommending that Barker's Motion to Suppress (Doc. # 12) be granted in part and denied in part. Specifically, Judge Porcelli recommends that the Motion to Suppress be granted as to Barker's post-arrest statements and denied as to the firearm seized from Barker's person on February 12, 2013. Barker filed an Objection to the Report and Recommendation (Doc. # 40) on November 15, 2013, to which the United States responded (Doc. # 41) on November 27, 2013. Upon due consideration, the Court overrules Barker's Objection and adopts the Report and Recommendation. Discussion
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n. 9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994).
The Court has conducted an independent examination of the file and upon due consideration, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 33) is ACCEPTED and ADOPTED. (2) Barker's Motion to Suppress (Doc. # 12) is GRANTED IN PART in that Barker's post-arrest statements are suppressed. The Motion to Suppress is DENIED with respect to the firearm.
DONE and ORDERED in Chambers in Tampa, Florida, this 2nd day of December, 2013.
___________________
VIRGINIA M. HERNANDEZ COVINGTON
UNITED STATES DISTRICT JUDGE
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