Ramkhelawan v. Florida Department of Corrections

United States District Court for the Southern District of Florida

Ramkhelawan v. Florida Department of Corrections

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 18-60741-CIV-GAYLES/REID

ROSHAN RAMKHELAWAN,

Petitioner,

v.

FLORIDA DEPARTMENT OF CORRECTIONS,

Respondent. _______________________________/

ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE

THIS CAUSE comes before the Court on the Report of Magistrate Judge (the “Report”) [ECF No. 21]. Petitioner filed a pro se petition for writ of habeas corpus under

28 U.S.C. § 2254

, challenging the constitutionality of his judgment of conviction in the Seventeenth Judicial Circuit in and for Broward County, Florida [ECF No. 1]. 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 deny the Petition. Petitioner has timely objected to the Report. [28]. 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 conducted a de novo review of the record, agrees with Judge Reid’s well-reasoned analysis and conclusion that the Petition should be denied. Accordingly, after careful consideration, itis ORDERED AND ADJUDGED as follows: (1) Judge Reid’s Report [ECF No. 21] is AFFIRMED AND ADOPTED and incorporated into this Order by reference; (2) Petitioner’s Petition for Writ of Habeas Corpus [ECF No. 1] is DENIED; (3) No certificate of appealability shall issue; and (4) This case shall be CLOSED. DONE AND ORDERED in Chambers at Miami, Florida, this 20th day of October, 2020.

Df DARRIN P. GAYLES UNITED STATES DI ICT JUDGE

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