Man v. United States
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. § 2255and 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
Reference
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