United States America v. Moran-Gutierrez, No. 3:2009cv02071 - Document 5 (N.D. Tex. 2009)

Court Description: FINDINGS AND RECOMMENDATIONS on case: The government's petition to enforce the subpoena should be granted. Magistrate Judge Jeff Kaplan no longer assigned to case. (Ordered by Magistrate Judge Jeff Kaplan on 12/4/2009) (rrr)

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United States America v. Moran-Gutierrez Doc. 5 IN THE I.JNITED STATESDISTRICTCOURT NORTHERNDISTRICTOF TEXAS DALLAS DIVISION UNITED STATESOF AMERICA Petitioner. VS. SONIA MARILU MORAN-GUTIERREZ Respondent. $ $ $ $ $ $ $ $ $ NO.3-09-CV-2071-K FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE of The United States America,on behalfof the DallasImmigrationCourt,hasfiled a petition stated SoniaMarilu Moran-Gutienez. For the reasons servedon Respondent to enforcea subpoena herein,the petition shouldbe granted. I. directing her to appearbefore was servedwith a subpoena On June 29,2009, respondent Judge Deitrich Sims of the Dallas Immigration Court on August 28,2009 at 10:30a.m.,then and relatingto the 1999arrestof SamuelAguilar, who there to give testimonyand producedocuments failed to appearin court as required. The is the subject of a removal proceeding. Respondent on goverrrment filed this action to enforcethe subpoena November2,2009. A show causehearingwas held on December4,2009 at 9:00 a.m. before U.S. Magistrate pro se. AssistantU.S. Attorney Tammy Parker appeared JudgeJeff Kaplan. Respondentappeared for the government. Sam Moreno, a qualified Spanish language interpreter, translated the thereto,the court determines proceedings.After consideringthe petition and the exhibits attached that the subpoenashould be enforced. Dockets.Justia.com il. by issued an by and to or lf a witnessneglects refuses appear testiS asdirected a subpoena and to the an districtcourtmay"issue orderrequiring witness appear court,a federal immigration 8 in designated the subpoena." C.F'R.$ or the testif and to produce books,papers, documents in to respondent appear immigration asked the hearing, government 257.4(d).At the showcause the to 22,2010at l:00 p.m.,and sheagreed do so. The court shouldenforce court on January of with the agreement the parties' consistent subpoena RECOMMENDATION Sonia shouldbe granted.Respondent the petitionto enforce subpoena The government's DeitrichSimsat the beforeJudge in to be should ordered appear person Marilu Moran-Gutienez on Texas, January22.2010 Room404,Dallas, Street, Court,I 100Commerce DallasImmigration documents and to will at 1:00 p.m. At thattime,respondent be required givetestimony produce on for arrest assault May 2,1999. Aguilar's to relating Samuel shall be servedon all partiesin the manner A copy of this report and recommendation must file providedby law. Any parfywho objectsto any part of this reportandrecommendation copy. 28U'S'C.$ 636(bXl); l4daysafterbeingservedwitha See specificwrittenobjectionswithin Fep.R.crv.P.72(b)'Inordertobespecific,anobjectionmustidenti8/thespecificfindingor and for the is state basis theobjection, specifrtheplace to recommendation whichobjection made, is determination found' An judge's the where disputed and report recommendation in themagistrate judge or by objectionthat merelyincorporates reference refersto thebriefingbeforethemagistrate partyfrom appealing will writtenobjections bartheaggrieved is not specific.Failureto file specific judgethatareaccepted adopted the by or ofthemagistrate and findings legalconclusions thefactual Automobile Ass'n, UnitedServices ofplain enor.See Douglassv. districtcourt, exceptupongrounds 7 9 F . 3 d1 4 1 5l,4 l 7 (sth C i r.1 9 9 6 ). DATED: December 2009. 4,

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