U.S. v. Anderson

Full title: UNITED STATES OF AMERICA v. JOHN DOUGALD ANDERSON

Court: United States District Court, S.D. Georgia, Augusta Division

Date published: Dec 7, 2009

CR 109-167 (S.D. Ga. Dec. 7, 2009)

Opinion

CR 109-167.

December 7, 2009

ORDER

W. BARFIELD, Magistrate Judge

Let a copy of this Report and Recommendation be served upon counsel for the parties. Any party who objects to this Report and Recommendation or anything in it must file, not later than December 28, 2009, specific objections with the Clerk of this Court. The Clerk will submit this Report and Recommendation together with any objections to the Honorable J. Randal Hall, United States District Judge, on December 29, 2009. Failure to file specific objections will bar any later challenge or review of the factual findings of the Magistrate Judge. See 28 U.S.C. § 636(b)(1)(C); Thomas v. Am, 474 U.S. 140,106 S. Ct. 466, 88 L. Ed.2d 435 (1985); Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982) (en banc). In order to challenge the findings and recommendations of the Magistrate Judge, a party must, by December 28, 2009, file with the Clerk of the Court written objections which shall specifically identify the portions of the proposed findings and recommendation to which objection is made and the specific basis for objection. A copy of the objections must be served upon all other parties to the action.

Requests for extension of time to file objections to this Report and Recommendation shall be directed to the Honorable W. Leon Barfield, United States Magistrate Judge.

Upon receipt of objections meeting the specificity requirement set out above, a United States District Judge shall make a de novo determination of those portions of the report, proposed findings, or recommendation to which objection is made and may accept, reject, or modify in whole or in part, the findings or recommendations made by the Magistrate Judge. The Judge, however, need conduct a hearing only in his discretion or if required by law, and may consider the record developed before the Magistrate Judge, making his own determination on the basis of that record. The Judge may also receive further evidence, recall witnesses or recommit the matter to the Magistrate Judge with instructions.

Objections not meeting the specificity requirement set out above will not be considered by a United States District Judge.

A party may not appeal a Magistrate Judge's recommendation directly to the United States Court of Appeals for the Eleventh Circuit. Appeals may be made only from a final judgment entered by or at the discretion of a District Judge.

The Clerk is DIRECTED to serve a copy of this Report and Recommendation on counsel for all parties.

SO ORDERED.