Filed: Dec. 01, 2015
Latest Update: Dec. 01, 2015
Summary: ORDER TIMOTHY C. BATTEN, Sr. , District Judge . This case comes before the Court on Magistrate Judge Russell G. Vineyard's Final Report and Recommendation (the "R&R") [101], which recommends that Diontaye Jordan's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 [96] be dismissed as time barred and, alternatively, denied on the merits. No objections to the R&R have been filed. A district judge has a duty to conduct a "careful and complete" review of a magis
Summary: ORDER TIMOTHY C. BATTEN, Sr. , District Judge . This case comes before the Court on Magistrate Judge Russell G. Vineyard's Final Report and Recommendation (the "R&R") [101], which recommends that Diontaye Jordan's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 [96] be dismissed as time barred and, alternatively, denied on the merits. No objections to the R&R have been filed. A district judge has a duty to conduct a "careful and complete" review of a magist..
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ORDER
TIMOTHY C. BATTEN, Sr., District Judge.
This case comes before the Court on Magistrate Judge Russell G. Vineyard's Final Report and Recommendation (the "R&R") [101], which recommends that Diontaye Jordan's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 [96] be dismissed as time barred and, alternatively, denied on the merits. 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. 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. Accordingly, the Court adopts as its Order the R&R [101]. Jordan's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 [96] is DISMISSED as time barred and, alternatively, DENIED on the merits. A certificate of appealability is DENIED.
IT IS SO ORDERED.
