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Order — No. 3:20-cr-30045 (Dkt. 60, C.D. Ill.)

Summary

An order in United States v. Qwanell Jones, Case No. 20-cr-30045, in the U.S. District Court for the Central District of Illinois, Springfield Division, entered October 5, 2021 as document 60 (3 pages) and signed by Judge Sue E. Myerscough. No objections having been filed, the Court reviews for clear error, accepts and adopts the Report and Recommendation of Magistrate Judge Tom Schanzle-Haskins (d/e 58), and denies the defendant's 995 Motion, Proposal for Dismissal, Motion to Quash Arrest & Suppress Evidence (d/e 36). It notes that the defendant's objections were due no later than September 28, 2021 under the prison mailbox rule.

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“Order — No. 3:20-cr-30045 (Dkt. 60, C.D. Ill.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-3-20-cr-30045-dkt-60-c-d-ill-06f44989c1/, SHA-256 926ced01ba21e0b2a744b34202e2b8aa1cb4c06d93f3efaeaa530074c1b55ea1.

Full text

                 3:20-cr-30045-MMM-EIL # 60   Page 1 of 3
                                                                                  E-FILED
                                                   Tuesday, 05 October, 2021 02:35:14 PM
                                                             Clerk, U.S. District Court, ILCD

           IN THE UNITED STATES DISTRICT COURT
           FOR THE CENTRAL DISTRICT OF ILLINOIS
                   SPRINGFIELD DIVISION

UNITED STATES OF AMERICA,             )
                                      )
          Plaintiff,                  )
                                      )
     v.                               )   Case No. 20-cr-30045
                                      )
QWANELL JONES,                        )
                                      )
          Defendant.                  )

                               ORDER

SUE E. MYERSCOUGH, U.S. District Judge:

     This matter comes before the Court on the Report and

Recommendation of United States Magistrate Judge Tom Schanzle-

Haskins (d/e 58) on Defendant Qwanell Jones’s 995 Motion,

Proposal for Dismissal, Motion to Quash Arrest & Suppress

Evidence (d/e 36). Magistrate Judge Schanzle-Haskins

recommends that this Court deny Defendant’s Motion. The time for

filing objections has passed, and no objections have been filed.

     The district court reviews de novo any part of a magistrate

judge’s report and recommendation to which a specific written

objection has been made. Fed. R. Crim. P. 59(b); 28 U.S.C.

§ 636(b)(1). However, as of October 5, 2021, the Court has not


                             Page 1 of 3
                 3:20-cr-30045-MMM-EIL # 60   Page 2 of 3




received any objections to the Report and Recommendation. As

stated in the Report and Recommendation, the deadline for

Defendant to file his objections was fourteen days after service on

him of a copy of the Report and Recommendation. A copy of the

Report and Recommendation was mailed to Defendant at the

detention facility where he is currently in custody on September 9,

2021. Because Defendant is entitled to the benefit of the prison

mailbox rule, Defendant’s filings are considered filed on the day he

places the document in the prison mail system. See Taylor v.

Brown, 787 F.3d 851, 858 (7th Cir. 2015). Assuming,

conservatively, that Defendant received a copy of the Report and

Recommendation on September 14, 2021, his objections were due

to be deposited in his detention facility’s mailing system no later

than September 28, 2021. As the Court has not received any

objections from either party as of October 5, 2021, the Court finds

that no timely objection to the Report and Recommendation has

been filed.

     Portions of a recommendation to which no party objects are

reviewed for clear error. Johnson v. Zema Sys. Corp., 170 F.3d

734, 739 (7th Cir. 1999). The Court has thoroughly reviewed


                             Page 2 of 3
                 3:20-cr-30045-MMM-EIL # 60   Page 3 of 3




Magistrate Judge Schanzle-Haskins’s Report and Recommendation

and finds that none of the findings of fact or conclusions of law

therein are clearly erroneous.

     For the reasons stated above, it is ORDERED:

     (1)   The Report and Recommendation of United States

           Magistrate Judge Tom Schanzle-Haskins (d/e 58) is

           ACCEPTED and ADOPTED.

     (2)   Defendant Qwanell Jones’s 995 Motion, Proposal for

           Dismissal, Motion to Quash Arrest & Suppress

           Evidence (d/e 36) is DENIED.


ENTER: October 5, 2021


                                 /s/ Sue E. Myerscough
                                 SUE E. MYERSCOUGH
                                 UNITED STATES DISTRICT JUDGE




                             Page 3 of 3

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