Filed: Jul. 10, 2017
Latest Update: Jul. 10, 2017
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BETH BLOOM , District Judge . THIS CAUSE is before the Court upon Movant's Motion to Vacate Sentence, ECF No. [1] ("Motion"), pursuant to 28 U.S.C. 2255, which was previously referred to the Honorable Patrick A. White for a Report and Recommendation on any dispositive matters. See ECF No. [3]. On June 19, 2017, Judge White entered a Report and Recommendation, ECF No. [13] ("R&R"), recommending that the Motion be dismissed as
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BETH BLOOM , District Judge . THIS CAUSE is before the Court upon Movant's Motion to Vacate Sentence, ECF No. [1] ("Motion"), pursuant to 28 U.S.C. 2255, which was previously referred to the Honorable Patrick A. White for a Report and Recommendation on any dispositive matters. See ECF No. [3]. On June 19, 2017, Judge White entered a Report and Recommendation, ECF No. [13] ("R&R"), recommending that the Motion be dismissed as t..
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
BETH BLOOM, District Judge.
THIS CAUSE is before the Court upon Movant's Motion to Vacate Sentence, ECF No. [1] ("Motion"), pursuant to 28 U.S.C. § 2255, which was previously referred to the Honorable Patrick A. White for a Report and Recommendation on any dispositive matters. See ECF No. [3]. On June 19, 2017, Judge White entered a Report and Recommendation, ECF No. [13] ("R&R"), recommending that the Motion be dismissed as time-barred, and that no certificate of appealability issue. R&R at 6. The R&R advised Movant, that "[o]bjections to this report may be filed with the District Judge within fourteen days of receipt of a copy of the report." Id. To date, Movant has filed no objections, nor has he sought additional time in which to do so. The Court has, nonetheless, conducted a de novo review of Magistrate Judge White's Report and Recommendation and the record and is otherwise fully advised in the premises. See Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)).
Upon review, the Court finds Judge White's R&R to be well reasoned and correct. The Court agrees with the analysis in Judge White's R&R and concludes that the Motion should be denied for the reasons set forth therein.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Magistrate Judge White's R&R, ECF No. [13], is ADOPTED.
2. The Motion, ECF No. [1], is DENIED.
3. The Certificate of Appealability is DENIED.
4. The Clerk of Court is directed to CLOSE this case.
DONE AND ORDERED.
