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United States v. Jordan

United States District Court, N.D. Georgia, Atlanta Division

August 8, 2014

UNITED STATES OF AMERICA
v.
DIONTAYE JORDAN, Defendant.

ORDER

TIMOTHY C. BATTEN, Sr., District Judge.

This case is currently before the Court on Magistrate Judge E. Clayton Scofield III's Report and Recommendation [87]. 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)).[1] 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).[2]

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 or legal conclusions. Therefore, the Court ADOPTS AS ITS ORDER the R&R [87]. Defendant's § 2255 motion to vacate is DISMISSED WITHOUT PREJUDICE because it was prematurely filed. A certificate of appealability is DENIED.

IT IS SO ORDERED.


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