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Martinez v. United States

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

August 15, 2014

ROLANDO MARTINEZ, Movant,
v.
UNITED STATES OF AMERICA, Respondent. Civil Action No. 3:13-cv-184-TCB-JFK.

ORDER

TIMOTHY C. BATTEN, Sr., District Judge.

This case is currently before the Court on Magistrate Judge Janet F. King's Report and Recommendation [166]. Despite receiving an extra forty-five days to object to the R&R, Movant has filed no objections.

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 [166]. Movant's motion to vacate [160] is DENIED. A certificate of appealability is DENIED.

IT IS SO ORDERED.


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