Filed: Nov. 10, 2015
Latest Update: Nov. 10, 2015
Summary: ORDER TIMOTHY C. BATTEN, Sr. , District Judge . This case is currently before the Court on Magistrate Judge Russell G. Vineyard's Report and Recommendation ("R&R") [229] recommending that Defendant Jose Manuel Lopez's motion to suppress statements be denied. 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. Wainwrig
Summary: ORDER TIMOTHY C. BATTEN, Sr. , District Judge . This case is currently before the Court on Magistrate Judge Russell G. Vineyard's Report and Recommendation ("R&R") [229] recommending that Defendant Jose Manuel Lopez's motion to suppress statements be denied. 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. Wainwrigh..
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ORDER
TIMOTHY C. BATTEN, Sr., District Judge.
This case is currently before the Court on Magistrate Judge Russell G. Vineyard's Report and Recommendation ("R&R") [229] recommending that Defendant Jose Manuel Lopez's motion to suppress statements be denied. 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. Unit B 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)(l)(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).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)(l)(C); Williams, 681 F.2d at 732. The district judge may also receive further evidence or recommit the 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 [229]. Defendant Lopez's motion to suppress statements [152] is hereby denied.
IT IS SO ORDERED.
