Filed: Aug. 06, 2014
Latest Update: Aug. 06, 2014
Summary: ORDER TIMOTHY C. BATTEN, Sr., District Judge. This matter is before the Court on Defendant Annamalai Annamalai's objections [173] to Magistrate Judge Scofield's Report and Recommendation (the "R&R") [164], which recommends denying Annamalai's motion to sever [115]. 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. 198
Summary: ORDER TIMOTHY C. BATTEN, Sr., District Judge. This matter is before the Court on Defendant Annamalai Annamalai's objections [173] to Magistrate Judge Scofield's Report and Recommendation (the "R&R") [164], which recommends denying Annamalai's motion to sever [115]. 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..
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ORDER
TIMOTHY C. BATTEN, Sr., District Judge.
This matter is before the Court on Defendant Annamalai Annamalai's objections [173] to Magistrate Judge Scofield's Report and Recommendation (the "R&R") [164], which recommends denying Annamalai's motion to sever [115].
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 Where objections are made, a district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1)(C). The district judge must "give fresh consideration to those issues to which specific objection has been made by a party." Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 512 (11th Cir. 1990).
"Parties filing objections must specifically identify those findings objected to. Frivolous, conclusive or general objections need not be considered by the district court." Nettles, 677 F.2d at 410 n.8. "This rule facilitates the opportunity for district judges to spend more time on matters actually contested and produces a result compatible with the purposes of the Magistrates Act." Id. at 410.
The district judge also has discretion to decline to consider arguments that were not raised before the magistrate judge. Williams v. McNeil, 557 F.3d 1287, 1292 (11th Cir. 2009). Indeed, a contrary rule "would effectively nullify the magistrate judge's consideration of the matter and would not help to relieve the workload of the district court." Id. (quoting United States v. Howell, 231 F.3d 615, 622 (9th Cir. 2000)).
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 considered the R&R, Annamalai's objections thereto, and the arguments counsel made at the pretrial conference. Having done so, the Court finds that Magistrate Judge Scofield's factual and legal conclusions were correct, and Annamalai's objections are OVERRULED. Thus, the Court ADOPTS AS ITS ORDER the R&R [164] and DENIES Annamalai's motion to sever [115].
IT IS SO ORDERED.
