Filed: Dec. 27, 2018
Latest Update: Dec. 27, 2018
Summary: ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE DARRIN P. GAYLES , District Judge . THIS CAUSE comes before the Court on the Report of Magistrate Judge ("the Report") [ECF No. 5]. Petitioner filed a pro se writ of habeas corpus pursuant to 28 U.S.C. 2255, challenging the constitutionality of his judgment of conviction in Case No. 15-20506-cr-GAYLES. [ECF No. 1]. The matter was referred to Judge White, pursuant to 28 U.S.C. 636(b)(1)(B) and Administrative Order 2003-19 of this
Summary: ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE DARRIN P. GAYLES , District Judge . THIS CAUSE comes before the Court on the Report of Magistrate Judge ("the Report") [ECF No. 5]. Petitioner filed a pro se writ of habeas corpus pursuant to 28 U.S.C. 2255, challenging the constitutionality of his judgment of conviction in Case No. 15-20506-cr-GAYLES. [ECF No. 1]. The matter was referred to Judge White, pursuant to 28 U.S.C. 636(b)(1)(B) and Administrative Order 2003-19 of this C..
More
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
DARRIN P. GAYLES, District Judge.
THIS CAUSE comes before the Court on the Report of Magistrate Judge ("the Report") [ECF No. 5]. Petitioner filed a pro se writ of habeas corpus pursuant to 28 U.S.C. § 2255, challenging the constitutionality of his judgment of conviction in Case No. 15-20506-cr-GAYLES. [ECF No. 1]. The matter was referred to Judge White, pursuant to 28 U.S.C. § 636(b)(1)(B) and Administrative Order 2003-19 of this Court, for a ruling on all pretrial, non-dispositive matters, and for a Report and Recommendation on any dispositive matters. [ECF No. 2]. In the Report, Judge White recommends that this Court dismiss this case without prejudice. No party has filed objections.
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).
This Court, having reviewed the record for clear error, agrees with Judge White's analysis and findings and agrees that the matter must be dismissed.
Accordingly, after careful consideration, it is ORDERED AND ADJUDGED as follows:
(1) Judge White's Report and Recommendation [ECF No. 5] is AFFIRMED AND ADOPTED and incorporated into this Order by reference;
(2) Petitioner's habeas petition is DISMISSED without prejudice.
(3) The certificate of appealability is DENIED.
(4) This action shall be CLOSED.
DONE AND ORDERED.
