USA v. Castillo

Middle District of Florida, flmd-8:2017-cr-00525-343768

REPORT AND RECOMMENDATION as to Thomas R. Castillo re {{78}} Motion to Compel Dismissal Due to Acquiescence, Involuntary Dismissal & Non-Disclosed Evidence. Signed by Magistrate Judge Christopher P. Tuite on 7/16/2018. (AHA)

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PageID 547 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. Case No. 8:17-cr-525-T-17CPT THOMAS R. CASTILLO a/k/a Thomas Castillo El Bey a/k/a Tutankhamun Castillo El Bey ________________________________/ REPORT AND RECOMMENDATION Before me on referral is pro se Defendant Thomas R. Castillo's Motion to Compel Dismissal Due to Acquiescence, Involuntary Dismissal & Non-Disclosed Evidence (Motion to Compel Dismissal). (Doc. 78). The government requests that the Court strike the Defendant's motion or deny it on the merits. (Doc. 83). By my reading, the Defendant's Motion to Compel Dismissal restates arguments that he made in prior motions that were the subject of my July 9, 2018, Report and Recommendation. See (Doc. 85). For the reasons discussed in my July 9 Report and Recommendation, these arguments are both procedurally infirm and substantively without merit. Accordingly, I recommend that the Defendant's Motion to Compel Dismissal (Doc. 78) be denied. 1 Respectfully submitted this 16th day of July 2018. 1 Although the government's motion to strike (Doc. 83) has not been referred to me, if the Court accepts my recommendation herein, the government's motion may be denied as moot. PageID 548 NOTICE TO PARTIES A party has fourteen (14) days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1; 28 U.S.C. § 636(b)(1). Copies furnished to: Honorable Elizabeth A. Kovachevich, United States District Judge Pro se Defendant Counsel for United States