United States District Court, W.D. New York
August 18, 2005.
UNITED STATES OF AMERICA,
SMEDLEY PRESCOD, Defendant.
The opinion of the court was delivered by: RICHARD ARCARA, District Judge
The above-referenced case was referred to Magistrate Judge
Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(A). On July
28, 2005, Magistrate Judge Foschio filed a Report and
Recommendation, recommending that defendant's motion to suppress
pretrial identification by witnesses expected to testify at trial
The Court has carefully reviewed the Report and Recommendation,
the record in this case, and the pleadings and materials
submitted by the parties. No objections having been timely filed,
it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the
reasons set forth in Magistrate Judge Foschio's Report and
Recommendation, defendant's motion to suppress pretrial
identification by witnesses expected to testify at trial is
denied. IT IS SO ORDERED.
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