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United States v. Tolbert

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

June 1, 2015

UNITED STATES OF AMERICA, Defendant.
v.
RICKY BERNARD TOLBERT

ORDER

TIMOTHY C. BATTEN, Sr., District Judge.

This case is currently before the Court on Magistrate Judge Alan J. Baverman's Final Report and Recommendation (the "R&R") [55]. 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.Appx. 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 the factual or legal conclusions set forth in the magistrate judge's well-reasoned R&R. The Court hereby adopts as its order the R&R [55]. Defendant's motions to suppress [15; 16] are denied. The Court's December 19, 2014 order directing Defendant to be transferred for an emergency medical evaluation [46] is vacated.

IT IS SO ORDERED.


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