USA v. Jayavarman

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JASON J. JAYAVARMAN,
Defendant. Case No. 3:13-cr-00097-SLG
ORDER ON MOTION TO DISMISS
Before the Court at Docket 85 is a Motion to Dismiss filed by Defendant. 	The
motion seeks to dismiss Count II of the Superceding Indictment. The Government filed a
Response in Opposition to the motion at Docket 96.
The Magistrate Judge issued an Initial Report and Recommendation on the motion
on November 5, 2014. No objections were filed to the Initial Report. A Final Report and
Recommendation (“Report”) on the motion was issued on November 24, 2014 at Docket
99.
In accordance with the provisions of 28 U.S.C. § 636(b)(1), a district court “may
accept, reject, or modify, in whole or in part, the findings or recommendations made by
the magistrate judge.” A court must “make a de novo determination of those portions of
the [magistrate judge’s] report or specified proposed findings or recommendations to
which objection is made.” But “[n]either the Constitution nor the statute requires a district
judge to review, de novo, findings and recommendations that the parties themselves
accept as correct.”1 Additionally, “[i]t does not appear that Congress intended to require
1 U.S. v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
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district court review of a magistrate’s factual or legal conclusions, under a de novo or any
other standard, when neither party objects to those findings.”2 Here, no objections were
filed. Based on this Court’s review of the parties’ filings, as well as the Magistrate Judge’s
thoughtful decision, this Court fully concurs in the Magistrate Judge’s analysis and
recommendation.
The Final Report and Recommendation Regarding Defendant’s Motion to Dismiss
at Docket 99 is accepted in its entirety, and the Motion to Dismiss at Docket 85 is DENIED.
Dated this 2 nd day of December, 2014, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
2 Thomas v. Arn, 474 U.S. 140, 150 (1985).
3:13-cr-00097-SLG, USA v. Jayavarman
Order on Motion to Dismiss
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Case 3:13-cr-00097-SLG Document 100 Filed 12/02/14 Page 2 of 2