Opinion
Case No. 8:09-cv-2290-T-33EAJ.
August 30, 2010
ORDER
This cause comes before the Court pursuant to the July 30, 2010, report and recommendation of Elizabeth A. Jenkins, United States Magistrate Judge (Doc. # 59), in which Judge Jenkins recommended that Plaintiff United States of America's Motion for Summary Judgment (Doc. # 10) be granted in this denaturalization proceeding. On August 10, 2010, Defendant Ghassan Mohammed Zebdaoui filed an objection to Judge Jenkins's report and recommendation (Doc. # 61). On August 25, 2010, the United States filed its response to Mr. Zebdaoui's objection. (Doc. # 62).
After careful consideration, the Court adopts the Magistrate Judge's report and recommendation; specifically, Judge Jenkins's recommendation that the United States's Motion for Summary Judgment be granted. As such, the Court grants the United States's Motion for Summary Judgement, and revokes and sets aside the Attorney General's order admitting Mr. Zebdaoui to United States citizenship. Mr. Zebdaoui's Certificate of Naturalization is hereby cancelled and Mr. Zebdaoui is ordered to surrender and deliver his Certificate of Naturalization and all other indicia of United States citizenship to the Attorney General.
I. Legal Standard
A district judge may accept, reject or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1);Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n. 9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
II. Report and Recommendation
III. Objection and Response
Id. Id. Id. Id. Macort v. Prem, Inc. 208 F. App'x 781783Heath v. Jones 863 F.2d 815822 de novo28 U.S.C. § 636U.S. v. Raddatz447 U.S. 667673Jeffrey S. v. State Bd. of Educ. of Ga.896 F.2d 507513
First, Mr. Zebdaoui objects to the Magistrate Judge's adoption of the FBI report finding that the 1981 fingerprints contained in the FBI report match Mr. Zebdaoui's voluntarily-submitted 2009 fingerprints. (Doc. # 61 at 3-4). Additionally, Mr. Zebdaoui objects to the Magistrate Judge's finding that Mr. Zebdaoui completed and signed the translation of the 1983 Nouhad Afif Koleilat identification document contained in Mr. Zebdaoui's alien file. (Doc. # 61 at 10). With the exception of those two specific issues, Mr. Zebdaoui's objection summarily "totally objects" to the Report and Recommendation, and as such lacks sufficient specificity to trigger mandatory de novo review by this Court of the Magistrate Judge's factual findings. (Doc. # 61 at 1); Macort, 208 F. App'x at 784 (11th Cir. 2006) (citing Goney v. Clark, 749 F.2d 5, 7 (3d Cir. 1984)).
As to the two specific factual findings to which Mr. Zebdaoui takes issue, Mr. Zebdaoui has failed to provide any meaningful analysis or reasoning why this Court should reject the Magistrate Judge's findings of fact. As to the FBI fingerprint analysis, Mr. Zebdaoui's objection does not provide any concrete reason why this Court should disregard the sworn and independent analysis of two separate FBI examiners. Further, Mr. Zebdaoui's objection to the finding that he completed the translation of the 1983 Nouhad Afif Koleilat identification document is immaterial in light of his admission that he applied for permanent resident status as Nouhad Afif Koleilat in August of 1985. (Doc. # 3 at ¶¶ 12, 17).
Despite the fact that the allegations of a pro se filer, like Mr. Zebdaoui, are held to a less stringent standard than formal pleadings drafted by lawyers, even with the benefit of this "liberal construction" Mr. Zebdaoui's objection still fails to set forth evidence which precludes the entry of summary judgment.Albra v. Advan, Inc., 490 F.3d 826, 829 (11th Cir. 2007). The stories and theories which Mr. Zebdaoui presents in his objection are blatantly contradicted by the record such that no reasonable fact finder could believe them.Scott v. Harris, 550 U.S. 372, 380 (2007).
IV. Conclusion
After careful consideration and independent analysis, the Court determines that it is appropriate to adopt Judge Jenkins's recommendation that the pending motion for summary judgement be granted. In addition, the Court revokes and sets aside the Attorney General's order admitting Mr. Zebdaoui to United States citizenship, cancels Mr. Zebdaoui's Certificate of Naturalization and orders Mr. Zebdaoui to surrender and deliver his Certificate of Naturalization and all other indicia of United States citizenship to the Attorney General.
Upon due consideration of the entire record, including the report and recommendation, the Court adopts the report and recommendation, overrules the objection thereto, and dismisses this case.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED: ACCEPTED and ADOPTED. GRANTED. CLOSE THIS CASE.
(1) The report and recommendation of Elizabeth A. Jenkins, United States Magistrate Judge (Doc. # 59) is (2) Plaintiff United States of America's Motion for Summary Judgment (Doc. # 10) is (3) The Attorney General's order admitting Mr. Zebdaoui to United States citizenship is revoked and set aside. (4) Mr. Zebdaoui's Certificate of Naturalization is cancelled. (5) Mr. Zebdaoui is ordered to surrender and deliver his Certificate of Naturalization and all other indicia of United States citizenship to the Attorney General. (6) The Clerk is directed terminate any remaining pending motions, to enter judgment in favor of the United States of America, and to DONE and ORDERED in Chambers in Tampa, Florida.