Bradley v. State of Florida

United States District Court for the Southern District of Florida

Bradley v. State of Florida

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 17-23731-CIV-GAYLES/REID

JOSEPH BRADLEY,

Petitioner,

v.

MARK INCH,

Respondent. /

ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE

THIS CAUSE comes before the Court on the Report of Magistrate Judge Recommending Dismissal as Time-Barred State Habeas Petition –

28 U.S.C. § 2254

(the “Report”) [ECF No. 30]. Petitioner filed a pro se petition for writ of habeas corpus under

28 U.S.C. § 2254

, challenging the constitutionality of his convictions and sentences for aggravated assault with a deadly weapon and felon in a possession of a firearm, entered following a jury verdict in Martin County Circuit Court, Case No. 432006CF000853A (the “Petition”). The matter was referred to the Magistrate Judge for a ruling on all pre-trial non-dispositive matters and for a Report and Recommendation on any dispositive matters. [ECF No. 2]. Magistrate Judge Reid’s Report recommends that the Court dis- miss the Petition as time-barred. Petitioner has failed to timely object to the Report. A district court may accept, reject, or modify a magistrate judge’s report and recommen- dation.

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). The Court, having reviewed the record for clear error, agrees with Judge Reid’s well-rea- soned analysis and conclusion that the Petition should be dismissed as time-barred. Accordingly, after careful consideration, itis ORDERED AND ADJUDGED as follows: (1) Judge Reid’s Report [ECF No. 30] is AFFIRMED AND ADOPTED and incorporated into this Order by reference; (2) the Petition is DISMISSED as time-barred; (3) No certificate of appealability shall issue; and (4) This case shall be CLOSED. DONE AND ORDERED in Chambers at Miami, Florida, this 27th day of March, 2020.

of DARRIN P. GAYLES UNITED STATES DI. ICT JUDGE

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