United States District Court, N.D. Georgia, Newnan Division
August 15, 2014
ROLANDO MARTINEZ, Movant,
UNITED STATES OF AMERICA, Respondent. Civil Action No. 3:13-cv-184-TCB-JFK.
TIMOTHY C. BATTEN, Sr., District Judge.
This case is currently before the Court on Magistrate Judge Janet F. King's Report and Recommendation . 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)). 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 or legal conclusions. Therefore, the Court ADOPTS AS ITS ORDER the R&R . Movant's motion to vacate  is DENIED. A certificate of appealability is DENIED.
IT IS SO ORDERED.