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Delarosa v. United States

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

August 4, 2015

EPIFANIA SANCHEZ DELAROSA, Movant,
v.
UNITED STATES OF AMERICA, Respondent. Civil Action File No. 1:14-cv-3242-TCB

ORDER MOTION TO VACATE 28 U.S.C. § 2255

TIMOTHY C. BATTEN, Sr., District Judge.

This case comes before the Court on Magistrate Judge Linda T. Walker's Report and Recommendation (the "R&R") [273], which recommends denying Movant's § 2255 motion to vacate or set aside [256]. 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) (per curiam) (quoting Nettles v. Wainwright, 677 F.2d 404, 408 (5th Cir. Unit B 1982)).[1] Where no objection to the R&R is made, it 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 carefully reviewed the R&R and finds no plain error in its factual or legal conclusions. Accordingly, the Court adopts as its Order the R&R [273]. Movant's § 2255 motion [256] is denied, and civil action number 1:14-cv-3242-TCB-LTW is dismissed. The Court declines to issue a certificate of appealability.

IT IS SO ORDERED.


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