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Memorandum Order — No. 3:21-cr-00271 (Dkt. 46, W.D. La.)

Summary

Memorandum order of September 21, 2022 by Judge Terry A. Doughty in the U.S. District Court for the Western District of Louisiana, United States v. Michael Ansezell Tolliver, case 3:21-cr-00271, Document 46. Tolliver appealed Magistrate Judge Kayla D. McClusky's ruling (Doc. No. 35) revoking his bond and detaining him pending trial, and the government opposed. Reviewing under the clearly erroneous and contrary to law standard of 28 U.S.C. § 636(b)(1)(A), the court denies the appeal (Doc. No. 43) and affirms the ruling.

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“Memorandum Order — No. 3:21-cr-00271 (Dkt. 46, W.D. La.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/memorandum-order-no-3-21-cr-00271-dkt-46-w-d-la-c3b63cd4e0/, SHA-256 2239b8f4e106caefc8f75459058e5f3d945d2c7d2c9152e6f61b5e8024797710.

Full text

Case 3:21-cr-00271-TAD-KDM Document 46 Filed 09/21/22 Page 1 of 1 PageID #: 282




                                     UNITED STATES DISTRICT COURT
                                     WESTERN DISTRICT OF LOUISIANA
                                           MONROE DIVISION


 UNITED STATES OF AMERICA                                         CASE NO. 3:21-CR-00271-01

 VERSUS                                                           JUDGE TERRY A. DOUGHTY

 MICHAEL ANSEZELL TOLLIVER (01)                                   MAG. JUDGE KAYLA D. MCCLUSKY


                                           MEMORANDUM ORDER

            Pending before the Court is an Appeal of the Magistrate Judge’s Decision filed by

 Defendant Michael Ansezell Tolliver (“Tolliver”) [Doc. No. 43]. The Government filed a response

 in opposition [Doc. No. 45] to Tolliver’s Appeal. Tolliver moves to appeal Magistrate Judge

 McClusky’s Ruling [Doc. No. 35] revoking his bond and detaining him pending trial.

            A magistrate judge’s non-dispositive pretrial order is reviewable under the clearly

 erroneous and contrary to law standard. 28 U.S.C. § 636(b)(1)(A); FED. R. CIV. P. 72(a).

 Following a review of the record, the Court finds that the Magistrate Judge’s ruling is neither

 clearly erroneous nor contrary to the law.1 Accordingly,

            IT IS ORDERED that Tolliver’s appeal [Doc. No. 43] is DENIED, and Magistrate Judge

 McClusky’s Ruling [Doc. No. 35] is AFFIRMED.

            MONROE, LOUISIANA, this 21st day of September, 2022.



                                                              ______________________________________
                                                                      TERRY A. DOUGHTY
                                                                 UNITED STATES DISTRICT JUDGE




 1
     Even if the Court were to apply the de novo review standard, the Court would reach the same decision.

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