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United States v. Eldridge

United States District Court, W.D. New York

September 29, 2014

UNITED STATES OF AMERICA,
v.
THAMUD ELDRIDGE, KEVIN ALLEN and GALEN ROSE, Defendants.

DECISION AND ORDER

RICHARD J. ARCARA, District Judge.

This case was referred back to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. ยง 636(b)(1)(B) for further pretrial proceedings. The Magistrate Judge conducted evidentiary hearings on March 19, 2014, April 1, 2014, April 23, 2014 and July 2, 2014. On August 25, 2014 Magistrate Judge Scott filed a Report and Recommendation recommending that defendant Allen's motion to dismiss the counts of the indictment regarding the Jones murder should be denied, and that the defendant's request for disclosure of Jencks material and a spoilation instruction should also be denied. (Dkt. No. 332) No objections were filed and the time to file objections has expired.

Upon the Court's de novo review and for the reasons set forth in Magistrate Judge Scott's Report and Recommendation, it is hereby ORDERED that defendant Allen's motion to dismiss the counts of the indictment regarding the Jones murder is denied, and that the defendant's request for immediate disclosure of Jencks material and a spoilation instruction is also denied.

All parties shall appear for a status conference on October 1, 2014 at 12:30 pm. At that time, the Court will address the scheduling of defendants' outstanding motions.

IT IS SO ORDERED.


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