United States District Court, N.D. Georgia, Atlanta Division
TIMOTHY C. BATTEN, Sr., District Judge.
This case is before the Court is the magistrate judge's report and recommendation . No objections to the R&R have been filed.
A district judge has a duty to conduct a "careful and complete" review of a magistrate judge's R&R. Williams v. Wainwright , 681 F.2d 732, 732 (11th Cir. 1982) (quoting Nettles v. Wainwright , 677 F.2d 404, 408 (5th Cir. 1982) (en banc)) (internal quotation mark omitted). This review may take different forms, however, depending on whether there are objections to the R&R. The district judge must "make a de novo determination of those portions of the [R&R] to which objection is made." 28 U.S.C. § 636(b)(1)(C). In contrast, those portions of the R&R to which no objection is made need only be reviewed for clear error. Macort v. Prem, Inc. , 208 F.App'x 781, 784 (11th Cir. 2006).
After conducting a complete and careful review of the R&R, the district judge may accept, reject or modify the magistrate judge's findings and recommendations. 28 U.S.C. § 636(b)(1)(C); Williams , 681 F.2d at 732. The district judge may also receive further evidence or recommit the matter to the magistrate judge with instructions. 28 U.S.C. § 636(b)(1)(C).
The Court has conducted a careful and complete review of the R&R and finds no clear error in its factual findings or legal conclusions. Therefore, the Court ADOPTS AS ITS ORDER the R&R . Accordingly, Defendant Edward Smallwood's motions to suppress evidence and statements [20 & 21], as well as his motion to dismiss counts one and three of the indictment, or, in the alternative, for a bill of particulars  is DENIED, ...