Filed: Oct. 29, 2014
Latest Update: Oct. 29, 2014
Summary: ORDER MARCIA MORALES HOWARD, District Judge. This cause is before the Court on Petitioner Kendall Jevon Jackson's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 (Doc. 1, Motion to Vacate). 1 On June 24, 2014, the Court entered an order granting Jackson an evidentiary hearing. (Doc. 10, Order). The Court appointed counsel for Jackson, and the Honorable Patricia D. Barksdale, United States Magistrate Judge, conducted an evidentiary hearing on August 12, 2014. Before th
Summary: ORDER MARCIA MORALES HOWARD, District Judge. This cause is before the Court on Petitioner Kendall Jevon Jackson's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 (Doc. 1, Motion to Vacate). 1 On June 24, 2014, the Court entered an order granting Jackson an evidentiary hearing. (Doc. 10, Order). The Court appointed counsel for Jackson, and the Honorable Patricia D. Barksdale, United States Magistrate Judge, conducted an evidentiary hearing on August 12, 2014. Before the..
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ORDER
MARCIA MORALES HOWARD, District Judge.
This cause is before the Court on Petitioner Kendall Jevon Jackson's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 (Doc. 1, Motion to Vacate).1 On June 24, 2014, the Court entered an order granting Jackson an evidentiary hearing. (Doc. 10, Order). The Court appointed counsel for Jackson, and the Honorable Patricia D. Barksdale, United States Magistrate Judge, conducted an evidentiary hearing on August 12, 2014. Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 16, R & R), which recommends that the Court deny Jackson's Motion to Vacate. The parties were given until October 20, 2014 to file objections to the Report and Recommendation, and none has been filed.
The Court may "accept, reject, modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b). If no specific objections to findings of facts are filed, the district court is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see also 28 U.S.C. § 636(b)(1). However, the Court must review legal conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615 at *1 (M.D. Fla. May 14, 2007). Under 28 U.S.C. § 636(c), only a district judge has authority to issue the final judgment on a § 2255 motion. Brown v. United States, 748 F.3d 1045, 1072 (11th Cir. 2014).
Upon independent review of the file and for the reasons stated in the Magistrate Judge's Report, the Court will accept and adopt the legal and factual conclusions recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1. The Magistrate Judge's Report and Recommendation (Doc. 16) is ADOPTED as the opinion of the Court.2
2. Jackson's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 (Doc. 1) is DENIED.
3. The Clerk shall enter judgment in favor of the United States and against Kendall Jevon Jackson and close the file.
4. If Jackson appeals the denial of the petition, the Court denies a certificate of appealability. Because this Court has determined that a certificate of appealability is not warranted, the Clerk shall terminate from the pending motions report any motion to proceed on appeal as a pauper that may be filed in this case. Such termination shall serve as a denial of the motion.
DONE AND ORDERED.
