Man v. United States

United States District Court for the Southern District of Florida

Man v. United States

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 19-cv-61329-BLOOM/Reid

WENXIA MAN

Petitioner,

v.

UNITED STATES OF AMERICA,

Respondent. ______________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS

THIS CAUSE is before the Court upon the Petitioner’s Motion to Vacate, Set Aside or Correct Sentence Pursuant to

28 U.S.C. § 2255

and Memorandum of Law in Support, ECF No. [1], filed on May 28, 2019 (“Motion”). The Motion was previously referred to the Honorable Lisette M. Reid for a Report and Recommendations (“R&R”) on all dispositive matters. See ECF No. [2]. On March 27, 2020, Judge Reid issued a R&R addressing each of the four ineffective assistance of counsel claims. After analyzing the merits of each claim, Judge Reid recommended that the Motion be denied. ECF No. [8]. The R&R states that Petitioner shall file any objections within fourteen days of the date of service of a copy of the R&R.

Id.

To date, Petitioner has filed no objections, nor has she sought additional time in which to do so. The Court has conducted a de novo review of Judge Reid’s R&R, the record in this case, 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 Reid’s R&R to be well reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that the Motion must be DENIED for the reasons set forth therein. Case No. 19-cv-61329-BLOOM/Reid

Accordingly, it is ORDERED and ADJUDGED as follows: 1. Magistrate Judge Reid’s R&R, ECF No. [8], is ADOPTED; 2. Defendant’s Motion to Vacate or Set Aside Sentence, ECF No. [1], is DENIED; 3. A Certificate of Appealability is DENIED; 4. All pending motions are DENIED AS MOOT; and, 5. The Clerk shall CLOSE this case. DONE AND ORDERED in Chambers at Miami, Florida, on April 20, 2020.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record Wenxia Man, pro se 12658 Torrey Bluff Drive Apt. 287 San Diego, CA 92130

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