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United States v. Jernigan

United States District Court, N.D. Georgia, Atlanta Division

April 10, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
ISAIAH JERNIGAN, MARIE ST. VIL, and BRIANNE MARCELIN, Defendants.

ORDER

AMY TOTENBERG, District Judge.

This matter is before the Court on the Magistrate Judge's Report and Recommendation as to Defendant Isaiah Jernigan's motions to dismiss the indictment and motions to suppress photographic identifications [Doc. 67J. The Magistrate Judge recommends that this Court deny Defendant's motions.

The Court notes that no objections have been filed in response to the Magistrate Judge's Report and Recommendation. Therefore, in accordance with 28 U.S.C. ยง 636(b)(1) and Rule 59 of the Federal Rules of Criminal Procedure, the Court has reviewed the Magistrate Judge's Recommendation for clear error and finds none. Accordingly, the Court receives the Magistrate Judge's Report and Recommendation with approval and hereby ADOPTS the Report and Recommendation as the opinion of this Court. For the reasons stated in the Magistrate Judge's Report and Recommendation, the Court DENIES Defendant Jernigan's motions to dismiss the indictment and to suppress photographic identification [Docs. 51, 53, and 58].

This case has been certified ready for trial as to Defendant's Jernigan, Marie 8t. Vil, and Brianne Marcelin.[1] Accordingly, trial in this matter is hereby set for Monday, June 1, 2015, at 9:30 AM in Courtroom 2308. The pretrial conference will be held Wednesday, May 27, 2015, at 2:30 PM. By Thursday, May 7, 2015, the parties are to file the following: motions in limine and proposed voir dire questions. By Thursday, May 7, 2015, the Government must file a brief summary of the indictment that the parties can rely on for voir dire. By Thursday, May 21, 2015, the parties are to file any objections to those items listed above.

It is so ORDERED.


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