Shavers v. Hutchinson, No. 1:2014cv03849 - Document 7 (N.D. Ga. 2015)
Court Description: OPINION AND ORDER ADOPTING 4 Final Report and Recommendation ; DISMISSING the Petition for Writ of Habeas Corpus WITHOUT PREJUDICE for Petitioner's failure to comply with a lawful order of the Court. Signed by Judge William S. Duffey, Jr on 5/19/2015. (adg) Modified on 5/19/2015 (adg).
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Shavers v. Hutchinson Doc. 7 Dockets.Justia.com completed application to proceed in forma pauperis, and (2) an amended petition on the 28 U.S.C. § 2254 petition form the Court will provide him, with all portions of the form completed. (December 11, 2014, Order, at 2). Petitioner did not comply with the Magistrate Judge’s December 11, 2014, Order. On January 29, 2015, the Magistrate Judge recommended that the Court dismiss Petitioner’s Petition without prejudice for Petitioner’s failure to comply with the December 11, 2014, Order. (R&R at 2). Petitioner did not file any objections to the R&R. II. DISCUSSION A. Legal Standard After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a 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). 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). With respect to those findings and recommendations to which a party has not asserted objections, the district judge 2 must conduct a plain error review of the record. United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983). B. Analysis Petitioner has not objected to the Magistrate Judge’s R&R. The Court thus reviews the Magistrate Judge’s findings and recommendations for plain error. See Slay 714 F.2d at 1095. The Magistrate Judge found that Petitioner failed to comply with the December 11, 2014, Order, and properly recommended that the Court dismiss Petitioner’s Petitioner. See LR 41.3(A)(2), NDGa. The Court finds no plain error in Magistrate Judge’s findings and recommendation. See Slay, 714 F.2d at 1095. III. CONCLUSION For the foregoing reasons, IT IS HEREBY ORDERED that Magistrate Judge Linda T. Walker’s Final Report and Recommendation [4] is ADOPTED. IT IS FURTHER ORDERED that Petitioner Shawn Antonio Shavers’ Petition for Writ of Habeas Corpus [1] is DISMISSED WITHOUT PREJUDICE. 3 SO ORDERED this 19th day of May, 2015. _______________________________ WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE 4
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