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ROBINSON v. U.S., 16-Civ-61401-COOKE (2017)

Court: District Court, N.D. Florida Number: infdco20170228870 Visitors: 10
Filed: Feb. 27, 2017
Latest Update: Feb. 27, 2017
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND STAYING CASE MARCIA G. COOKE , District Judge . THIS MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(B) and Administrative Order 2003-19 of this Court, for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters (ECF No. 6). On January 31, 2017, Judge White issued a Report of Magistrate Judge (ECF No. 8) recommending
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND STAYING CASE

THIS MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(B) and Administrative Order 2003-19 of this Court, for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters (ECF No. 6). On January 31, 2017, Judge White issued a Report of Magistrate Judge (ECF No. 8) recommending that (1) this § 2255 proceeding be stayed pending the Supreme Court's decision in Beckles v. United States, 136 S.Ct. 2510 (2016); (2) no certificate of appealability issue; and (3) this case be administratively closed, with instructions to the parties to file a notice with this court within thirty days of the issuance of the Supreme Court's Beckles decision so that the matter can be reopened. The parties had through and including February 14, 2017 to file any objections to Judge White's Report and none have been filed.

I have considered Judge White's Report, the relevant legal authorities, and have made a de novo review of the record. I find Judge White's Report clear, cogent, and compelling. As such, it is ORDERED and ADJUDGED that Judge White's Report (ECF No. 8) is AFFIRMED and ADOPTED. This matter shall be STAYED pending the U.S. Supreme Court's decision in Beckles v. United States, 136 S.Ct. 2510 (2016). Parties shall immediately notify this Court once the U.S. Supreme Court has issued its opinion in Beckles. No certificate of appealability shall issue in this case. In the interim, the Clerk shall administratively CLOSE this case.

DONE and ORDERED.

Source:  Leagle

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