USA v. Moreno

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
RONNIE MORENO,
Defendant.
Case No. 3:16-cr-00032-SLG-KFR
ORDER RE FINAL REPORT AND RECOMMENDATION
Before the Court at Docket 200 is Mr. Moreno’s Motion for Detention Review.
The motion was referred to the Honorable Magistrate Judge Kyle F. Reardon. At
Docket 	204, 	Judge 	Reardon 	issued 	his 	Report 	and 	Recommendation 	on
Defendant’s Motion for Detention Review, in which he recommended that the
motion 	be 	dismissed 	without 	prejudice. 	No 	objections 	to 	the 	Report 	and
Recommendation were filed.
The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1). That
statute provides that a district court “may accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate judge.”1 A court is
to “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.” 2
1 28 U.S.C. § 636(b)(1).
2 Id.
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Case No. 3:16-cr-00032-SLG-KFR, USA v. Moreno
Order re Final Report and Recommendation
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However, § 636(b)(1) does not “require 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.” 3
The magistrate judge recommended that the Court dismiss without prejudice
the 	Motion 	for 	Detention 	Review. 	The 	Court 	has 	reviewed 	the 	Report 	and
Recommendation and agrees with its analysis. Accordingly, the Court adopts the
Report and Recommendation, and IT IS ORDERED that the Motion for Detention
Review is DISMISSED without prejudice.
DATED this 13th day of November, 2023, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
3 Thomas v. Arn, 474 U.S. 140, 150 (1985); see also United States v. Reyna-Tapia, 328 F.3d 1114,
1121 (9th Cir. 2003).
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