Filed: Jul. 31, 2013
Latest Update: Jul. 31, 2013
Summary: ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION AND DENYING CERTIFICATE OF APPEALABILITY MARCIA G. COOKE, District Judge. THIS MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, pursuant to 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. On June 5, 2013, Judge White issued a Report and Recommendation, ECF No. 11, recommending that (i) the
Summary: ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION AND DENYING CERTIFICATE OF APPEALABILITY MARCIA G. COOKE, District Judge. THIS MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, pursuant to 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. On June 5, 2013, Judge White issued a Report and Recommendation, ECF No. 11, recommending that (i) the ..
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ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION AND DENYING CERTIFICATE OF APPEALABILITY
MARCIA G. COOKE, District Judge.
THIS MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, pursuant to 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. On June 5, 2013, Judge White issued a Report and Recommendation, ECF No. 11, recommending that (i) the Motion to Vacate Sentence pursuant to 28 U.S.C. § 2255, ECF No. 1, be denied, and (ii) this case be closed. Movant did not file objections to the Report. I have considered Judge White's Report and Recommendation, and have made a de novo review of the record. I find Judge White's Report and Recommendation clear, cogent, and compelling.
It is ORDERED and ADJUDGED that Judge White's Report and Recommendation, ECF No. 11, with respect to the merits of the case is AFFIRMED and ADOPTED. Accordingly, the Motion to Vacate Sentence, ECF No. 1, is DENIED. The Clerk is directed to CLOSE this case.
It is FURTHER ORDERED and ADJUDGED that Petitioner has not demonstrated that "jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 326 (2003); accord Lott v. Attorney Gen., Fla., 594 F.3d 1296, 1301 (11th Cir. 2010) (explaining that a "petitioner need not show he will ultimately succeed on appeal" in order to warrant a certificate of appealability). Accordingly, this Court DENIES a Certificate of Appealability in this case.
DONE and ORDERED.