USA v. Eldridge et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
DECISION AND
ORDER
v. 09-CR-329-A
THAMUD ELDRIDGE, KEVIN ALLEN
and GALEN ROSE,
Defendants.
This case was referred back to Magistrate Judge Hugh B. Scott, pursuant to 28
U.S.C. § 636(b)(1)(B) for further pretrial proceedings. The Magistrate Judge conducted
evidentiary hearings on March 19, 2014, April 1, 2014, April 23, 2014 and July 2, 2014.
On August 25, 2014 Magistrate Judge Scott filed a Report and Recommendation
recommending that defendant Allen’s motion to dismiss the counts of the indictment
regarding the Jones murder should be denied, and that the defendant’s request for
disclosure of Jencks material and a spoilation instruction should also be denied. (Dkt.
No. 332) No objections were filed and the time to file objections has expired.
Upon the Court’s de novo review and for the reasons set forth in Magistrate
Judge Scott’s Report and Recommendation, it is hereby ORDERED that defendant
Allen’s motion to dismiss the counts of the indictment regarding the Jones murder is
denied, and that the defendant’s request for immediate disclosure of Jencks material
and a spoilation instruction is also denied.
Case 1:09-cr-00329-RJA Document 345 Filed 09/29/14 Page 1 of 2

All parties shall appear for a status conference on October 1, 2014 at 12:30 pm.
At that time, the Court will address the scheduling of defendants’ outstanding motions.
IT IS SO ORDERED.
____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: September 29, 2014
2
Case 1:09-cr-00329-RJA Document 345 Filed 09/29/14 Page 2 of 2