USA v. Walking Eagle

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION
UNITED STATES OF AMERICA, 3:20-CR-30117-RAL
Plaintiff,
vs.
OPINION AND ORDER ADOPTING
REPORT AND RECOMMENDATION
JOSHUA WALKING EAGLE,
Defendant.
Defendant Joshua Walking Eagle moved to suppress his statements and any physical
evidence gathered during the initial stage of a murder investigation. Doc. 48. Magistrate Judge
Mark A. Moreno issued a report and recommendation on January 12, 2022, recommending that
Walking Eagle's motion be granted in part and denied in part. Doc. 69. The parties agreed to a
five-day objection period given the January 25,2022 trial date.
This Court reviews a report and recommendation under the statutory standards found in 28
U.S.C. § 636(b)(1), which provides in relevant part that"[a]judge ofthe [district] court shall make
a de novo determination of those portions of the report or specified proposed findings or
recommendations to which objection is made." However, "[i]n the absence of an objection, the
district court is not required 'to give any more consideration to the magistrate's report than the
court considers appropriate.'" United States v. Murillo-Figueroa. 862 F. Supp. 2d 863, 866(N.D.
Iowa 2012)(quoting Thomas v. Am.474 U.S. 140, 150 (1985)).
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Neither Walking Eagle nor the Government has objected to the report and recommendation
and the time for doing so has now passed.
Accordingly, it is hereby
ORDERED that the Report and Recommendation for Disposition of Motion to Suppress,
Doc. 69,is adopted. It is further
ORDERED that Walking Eagle's Motion to Suppress, Doc. 48, is granted in part and
denied in part.
DATED this 18th day of January, 2022.
BY THE COURT:
ROBERTO A. LANGl
CHIEF JUDGE
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