Filed: Jun. 11, 2012
Latest Update: Jun. 11, 2012
Summary: ORDER TIMOTHY C. BATTEN, Sr., District Judge. This case is currently before the Court on Magistrate Judge Brill's Report and Recommendation (the "R&R") [74]. No objections to the R&R have been filed. Also before the Court is Jackson's motion to expedite resolution of his motion to amend his presentence report and for the undersigned to recuse from this case [76]. A district judge has a duty to conduct a "careful and complete" review of a magistrate judge's R&R. Williams v. Wainwright, 681
Summary: ORDER TIMOTHY C. BATTEN, Sr., District Judge. This case is currently before the Court on Magistrate Judge Brill's Report and Recommendation (the "R&R") [74]. No objections to the R&R have been filed. Also before the Court is Jackson's motion to expedite resolution of his motion to amend his presentence report and for the undersigned to recuse from this case [76]. A district judge has a duty to conduct a "careful and complete" review of a magistrate judge's R&R. Williams v. Wainwright, 681 ..
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ORDER
TIMOTHY C. BATTEN, Sr., District Judge.
This case is currently before the Court on Magistrate Judge Brill's Report and Recommendation (the "R&R") [74]. No objections to the R&R have been filed. Also before the Court is Jackson's motion to expedite resolution of his motion to amend his presentence report and for the undersigned to recuse from this case [76].
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 Where no objection to the R&R is made, it 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 carefully reviewed the R&R and finds no plain error in its factual or legal conclusions. Therefore, the Court ADOPTS AS ITS ORDER the R&R [74]. Jackson's § 2255 motion [68], amended § 2255 motion [70], and motion to amend his presentence investigation report [73] are DENIED, as this Court does not have jurisdiction while Jackson's direct appeal is pending. Resolution of the R&R also moots the portion of Jackson's motion seeking an expedited ruling on his motion to amend his presentence report. Furthermore, Jackson's request that the undersigned recuse from this case is without merit. Accordingly, his motion [76] is DENIED.
IT IS SO ORDERED.
