Braye v. State of Florida
Braye v. State of Florida
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No. 1:20-cv-22628-UU
TRAYEVON BRAYE,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent. /
ORDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATION
This Cause is before the Court upon Petitioner’s pro se Petition for Writ of Habeas Corpus by a Person in State Custody Under
28 U.S.C. § 2254for (“Petition”) (D.E. 1). THE COURT has reviewed the Petition, pertinent parts of the record, and is otherwise fully advised in the premises. This matter was referred to Magistrate Judge Lisette M. Reid who, on July 27, 2020, issued a Report (D.E. 4) (“Report”) recommending that the Petition be denied as time barred. Petitioner was given well over 14 days to file any objections to the Report, but he did not do so. See LoConte v. Dugger,
847 F.2d 745, 750(11th Cir. 1988), cert. denied,
488 U.S. 958(1988) (holding that failure to file timely objections bars the parties from attacking factual findings on appeal). Upon review, the Court agrees with Magistrate Judge Reid’s recommendations and concurs in all her findings. Accordingly, it is hereby ORDERED AND ADJUDGED that the Report, D.E. 4, is RATIFIED, ADOPTED, and AFFIRMED. It is further ORDERED AND ADJUDGED that the Motion, D.E. 1, is DENIED. It is further ORDERED AND ADJUDGED that no certificate of appealability shall issue. No evidentiary hearing shall be held. It is further ORDERED AND ADJUDGED that this case is CLOSED. DONE AND ORDERED in Chambers in Miami, Florida this _24th_ day of August, 2020.
URSULA UNGARO UNITED STATES DISTRICT JUDGE
cc: Trayevon Braye, pro se Counsel of Record via CM/ECF
Reference
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