UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
January 24, 2011
UNITED STATES OF AMERICA,
LUMNI ZHUTA, DEFENDANT.
The opinion of the court was delivered by: Honorable Richard J. Arcara United States District Judge
This case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1). On June 29, 2010, defendant Lumni Zhuta filed an omnibus motion seeking a bill of particulars, discovery, and other relief (Dkt. No. 80), and a separate motion seeking dismissal of the indictment (Dkt. No. 82). On October 29, 2010, Magistrate Judge Scott filed an order granting in part and denying in part defendant's omnibus motion, and on that same date filed a Report and Recommendation recommending that the motion to dismiss the indictment be denied in its entirety.
Defendant appealed Magistrate Judge Scott's nondispositive order and filed objections to the Report and Recommendation. The government filed responses in opposition. Oral argument was deemed unnecessary.*fn1
Pursuant to 28 U.S.C. § 636(b)(1)(A), defendant's appeal of the Magistrate Judge's nondispositive order is reviewed under a "clearly erroneous or contrary to law" standard of review, whereas this Court' reviews the Report and Recommendation under a de novo standard of review.
Upon review of the defendant's appeal of Magistrate Judge Scott's nondispositive order, the Court finds that the Order is neither clearly erroneous nor contrary to law. Accordingly, defendant's appeal is denied.
Upon de novo review of Magistrate Judge Scott's Report and Recommendation, and after reviewing all submissions in support of and in opposition to the defendant's motion to dismiss the indictment, the Court adopts the Report and Recommendation and denies defendant's motion to dismiss for the reasons stated by Magistrate Judge Scott.
The case is referred back to Magistrate Judge Scott for further proceedings.
Richard J. Arcar a