Filed: Oct. 29, 2019
Latest Update: Oct. 29, 2019
Summary: ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE DARRIN P. GAYLES , District Judge . THIS CAUSE comes before the Court on Magistrate Judge Lisette Reid's Report of Magistrate Judge ("Report") [ECF No. 6]. On June 24, 2019, Movant Maurice Alfonso Johnson filed a Writ of Habeas Corpus (the "Motion") [ECF No. 1]. 1 The case was referred to Judge Reid for a Report and Recommendation pursuant to 28 U.S.C. 636(b)(1)(B). [ECF No. 2]. Judge Reid's Report recommended that the Motion be d
Summary: ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE DARRIN P. GAYLES , District Judge . THIS CAUSE comes before the Court on Magistrate Judge Lisette Reid's Report of Magistrate Judge ("Report") [ECF No. 6]. On June 24, 2019, Movant Maurice Alfonso Johnson filed a Writ of Habeas Corpus (the "Motion") [ECF No. 1]. 1 The case was referred to Judge Reid for a Report and Recommendation pursuant to 28 U.S.C. 636(b)(1)(B). [ECF No. 2]. Judge Reid's Report recommended that the Motion be di..
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ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
DARRIN P. GAYLES, District Judge.
THIS CAUSE comes before the Court on Magistrate Judge Lisette Reid's Report of Magistrate Judge ("Report") [ECF No. 6]. On June 24, 2019, Movant Maurice Alfonso Johnson filed a Writ of Habeas Corpus (the "Motion") [ECF No. 1].1 The case was referred to Judge Reid for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). [ECF No. 2]. Judge Reid's Report recommended that the Motion be dismissed as premature, no certificate of appealability be issued, and the case be closed. [ECF No. 6]. No timely objections were filed.
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections "pinpoint the specific findings that the party disagrees with." United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F.Supp.2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006).
The Court, having reviewed the record for clear error, agrees with Judge Reid's well-reasoned analysis and findings that Movant's claims are premature.
Accordingly, it is ORDERED AND ADJUDGED as follows:
(1) Judge Reid's Report and Recommendation [ECF No. 6] is AFFIRMED AND ADOPTED and incorporated into this Order by reference;
(2) Movant's Motion [ECF No. 1] is DISMISSED WITHOUT PREJUDICE, except as to application of the federal statute of limitations or other procedural defenses which may apply;
(3) No certificate of appealability shall be issued;
(4) This action shall be CLOSED.
DONE AND ORDERED.
