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United States v. Long

United States District Court, N.D. Iowa, Cedar Rapids Division

April 28, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
PHUNG CA LONG, Defendant.

ORDER

LINDA R. READE, District Judge.

The matter before the court is United States Magistrate Judge Jon S. Scoles's Report and Recommendation (docket no. 63), which recommends that the court deny Defendant Phung Ca Long's objection to the government's garnishment.

On January 15, 2014, Defendant filed a Pro Se Motion for Hearing (docket no. 60). On February 6, 2014, Judge Scoles held a hearing. See February 6, 2014 Minute Entry (docket no. 62). Defendant appeared in court without an attorney. Martin J. McLaughlin represented the government. At the hearing, Defendant sought relief from the Final Order in Garnishment (docket no. 56). On February 24, 2014, Judge Scoles issued the Report and Recommendation, which recommends that the court deny Defendant's objection to the government's garnishment. The Report and Recommendation states that "within fourteen (14) days after being served with a copy of this Report and Recommendation, any party may serve and file written objections to the district court." Report and Recommendation at 7.

The time to object to the Report and Recommendation has expired and neither party has filed any objections. The parties have thus waived their right to a de novo review of the Report and Recommendation. See, e.g., United States v. Newton, 259 F.3d 964, 966 (8th Cir. 2001) ("Appellant's failure to file any objections waived his right to de novo review by the district court of any portion of the report and recommendation of the magistrate judge as well as his right to appeal from the findings of fact contained therein.'" (quoting Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir. 1994))). The court finds no plain error in Judge Scoles's decision. Accordingly, the court ADOPTS the Report and Recommendation (docket no. 63). Defendant's objection to the government's garnishment is DENIED.

IT IS SO ORDERED.


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