Johnson v. Secretary, Florida Department of Corrections

United States District Court for the Southern District of Florida

Johnson v. Secretary, Florida Department of Corrections

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 18-cv-62487-BLOOM/Reid

LAWRENCE JOHNSON,

Petitioner,

v.

SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,

Respondent. /

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT

THIS CAUSE is before the Court upon the Report of Magistrate Judge. ECF No. [16] (“Report”). On July 10, 2020, the Honorable Lisette M. Reid issued the Report recommending that Petitioner, Lawrence Johnson’s Petition Under 28 U.S.C. [Section] 2254 for Writ of Habeas Corpus, ECF No. [1] (“Petition”), be denied. See ECF No. [16] 31. The Report further advised that any objections to the Report were due within fourteen days of receipt of the Report. See id. To date, Petitioner has not filed any objections, nor has he sought any additional time within which to do so. This Court has conducted a de novo review of Judge Reid’s Report and the record in this case and is otherwise fully advised. 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 Report to be well reasoned and correct. The Court therefore agrees with the analysis in the Report and concludes that the Petition should be denied. The Court further agrees that an evidentiary hearing is not necessary in this case because Petitioner has failed to demonstrate the existence of any factual disputes that would require an evidentiary hearing. Finally, the Court concludes that the Case No. 18-cv-62847-BLOOM/Reid

recommendation in the Report that Petitioner is not entitled to a certificate of appealability is correct. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Judge Reid’s Report, ECF No. [16], is ADOPTED. 2. The Petition, ECF No. [1], is DENIED. No Certificate of Appealability shall issue. 3. To the extent not otherwise disposed of, any scheduled hearings are CANCELED, all pending motions are DENIED AS MOOT, and all deadlines are TERMINATED. 4. The Clerk of Court is directed to CLOSE this case. DONE AND ORDERED in Chambers at Miami, Florida, on July 31, 2020.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: The Honorable Lisette Reid Counsel of Record Lawrence Johnson BO8866 Desoto Annex Inmate Mail/Parcels 13617 SE Highway 70 Arcadia, FL 34266 Pro Se

Reference

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