on the issue of race as a determining factor in the stop and questioning of travelers at transportation centers be denied.
On September 21, 1994, defendant Archeval Vega filed objections to Magistrate Judge Foschio's Reports and Recommendations of August 31, 1994 and September 2, 1994. Defendant Archeval Vega also appealed the Magistrate Judge's July 8, 1994 disqualification order. On October 31, 1994, the government submitted its response to defendant Archeval Vega's objections to the Reports and Recommendations and the appeal of the disqualification order. On November 10, 1994, defendant Archeval Vega submitted reply memoranda in response to the government's submissions. Oral argument on defendant Archeval Vega's objections to the reports and recommendations, and his appeal of the disqualification order was heard by this Court on November 15, 1994.
With regard to Magistrate Judge Foschio's disqualification decision dated July 8, 1994, this Court may reverse the Magistrate Judge only if his Order is "clearly erroneous or contrary to law." See 28 U.S.C. § 636(b)(1)(A).
After reviewing the submissions of the parties and hearing argument from counsel, the Court finds that the Magistrate Judge's decision and order of July 8, 1994 was neither clearly erroneous nor contrary to law and must, therefore, be affirmed.
Pursuant to 28 U.S.C. § 636(b)(1)(B), the Court must make a de novo determination of those portions of the August 31, 1994 Report and Recommendation, and the September 2, 1994 Report and Recommendation to which objections have been made. Upon a de novo review of both of those Reports and Recommendations, and the record in this case, and after reviewing the submissions of the parties and hearing argument from counsel, the Court adopts the proposed findings of both the August 31, 1994 Report and Recommendation and the September 2, 1994 Report and Recommendation.
Accordingly, for the reasons set forth in Magistrate Judge Foschio's August 31, 1994 Report and Recommendation, and September 2, 1994 Report and Recommendation, defendant Archeval Vega's motion for suppression is denied and his motion for discovery and a factfinding hearing on the issue of race as a determining factor in the stop and questioning of travelers at transportation centers is also denied. Counsel is hereby directed to appear in this Court on December 9, 1994 at 9:00 a.m. for the purpose of setting a date for trial.
IT IS SO ORDERED.
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: December 6, 1994
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