Court filing
ORDER REFERRING CASE to Magistrate Judge Lajuana M.… — USA v. Sanders et al (Dkt. 2)
Record facts
| Court | U.S. District Court records for the Western District of Missouri and Western District of Washington |
|---|---|
| Filed | 2024-02-06 |
U.S. District Court records for the Western District of Missouri and Western District of Washington · No. 4:24-cr-00029-BP · Doc. 2 · 2024-02-06 · Docket on CourtListener
Summary
An order of reference to a United States magistrate judge in USA v. Daisha Sanders, et al, No. 4:24-cr-00029-BP, in the Western District of Missouri, filed February 6, 2024 as Document 2 and signed February 7, 2024 by District Judge Beth Phillips. Under Section 636(b), Title 28, United States Code and Rule 72.1 of the local rules, it designates a United States magistrate judge to hear and determine all pretrial motions, except a motion to dismiss or quash the indictment and a motion to suppress evidence, which are referred to be heard and processed under Section 636(b)(1)(B). A party may appeal a determination or object to proposed findings within fourteen days, and the district judge will set aside any portion found clearly erroneous. The order also permits reassignment to another magistrate judge and, with the parties' consent, guilty plea proceedings.
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Full text
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
UNITED STATES OF AMERICA,
)
Plaintiff
)
)
vs.
)
Criminal No.
)
)
Defendant(s)
)
ORDER OF REFERENCE TO UNITED
STATES MAGISTRATE JUDGE
The filed in the above-styled case was filed in the Western District of
Missouri on the day of
, and assigned to the undersigned United States
District Judge.
Pursuant to Section 636(b), Title 28, United States Code, and Rule 72.1 of the Local
Rules for the United States District Court for the Western District of Missouri, it is
ORDERED that United States Magistrate Judge is designated to hear
and determine all pretrial motions or matters now pending or later filed, except (1) a motion to
dismiss or quash the indictment, and (2) a motion to suppress evidence, in accordance with the
provisions of Section 636(b)(1)(A), Title 28, United States Code; and such pretrial motions or
matters now pending or later filed in this criminal action are referred to the Magistrate Judge to
hear and determine.
Any party may appeal from the Magistrate Judge’s order determining a motion within
fourteen (14) days after issuance of the order unless a different time is prescribed by the
Magistrate Judge or the undersigned District Judge. Such party shall file with the Clerk
WESTERN DIVISION
24-00029-01/-11-CR-W-BP
Daisha Sanders, et al
Indictment
6th
February
2024
Lajuana M. Counts
Case 4:24-cr-00029-BP Document 2 Filed 02/06/24 Page 1 of 3
of Court, and serve the Magistrate Judge and all parties, a written statement of the appeal which
shall specifically designate the order, or part thereof, appealed from and the basis for the appeal.
The undersigned District Judge will consider the appeal and set aside any portion of the
Magistrate Judge’s order found to be clearly erroneous or contrary to law. The undersigned
District Judge may reconsider sua sponte any motion determined by the Magistrate Judge. It is
further
ORDERED that United States Magistrate Judge is designated to hear
and process all pretrial motions to (1) dismiss or quash the indictment, and (2) suppress evidence,
now pending or later filed in accordance with the provisions of Section 636(b)(1)(B) and
(b)(1)(C), Title 28, United States Code; and all such pretrial motions now pending or later filed
are referred to the Magistrate Judge to hear and process. Any party may object to the Magistrate
Judge’s proposed finding and recommendations in respect to (1) a motion to dismiss or quash the
indictment, or (2) a motion to suppress evidence, within fourteen (14) days after being served
with a copy of the proposed findings and recommendations. Such party shall file with the Clerk
of Court, and serve the Magistrate Judge and all parties, written objections which shall
specifically identify the portion or portions of the proposed findings and recommendations to
which an objection is made and the basis for each objection.
The undersigned District Judge will make a de novo determination of those portions of
the proposed findings and recommendations to which specific objections is made and may
accept, reject or modify, in whole or in part, the proposed findings or recommendations made by
the Magistrate Judge. The undersigned District Judge need not conduct a new hearing and may
consider only the record developed before the Magistrate Judge in making his de novo
Lajuana M. Counts
Case 4:24-cr-00029-BP Document 2 Filed 02/06/24 Page 2 of 3
determination. The undersigned District Judge may receive further evidence, recall witnesses, or
recommit the motion to the Magistrate Judge with instructions. It is further
ORDERED that the Magistrate Judge may, in his/her discretion, reassign any motions
referred to him/her pursuant to this order, to another Magistrate Judge for processing and
handling. In the event of such a reassignment, the Magistrate Judge to whom the motion is
reassigned is designated to hear and determine or hear and process the motion in accordance
with the provisions of this order.
It is further
ORDERED with the consent of the parties, if directed by the undersigned District Judge,
the Magistrate Judge may conduct guilty plea proceedings and make a recommendation to the
District Judge.
_____________________________________
United States District Judge
, Missouri
Dated:
s/ Beth Phillips
Kansas City, Missouri
2/7/2024
Case 4:24-cr-00029-BP Document 2 Filed 02/06/24 Page 3 of 3File and source
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