UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-20695-CIV-GAYLES/REID (17-20255-CR-GAYLES)

DIONICO LEANDRO GARCIA CHERE,

Movant,

v.

UNITED STATES OF AMERICA,

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. 3]. Movant filed a pro se motion to vacate under

, attacking the constitutionality of his conviction and sentence following a guilty plea (the “Motion”) [ECF No. 1]. The matter was referred to Magistrate Judge Reid for a ruling on all pre-trial non-dispositive matters and for a Report and Recommendation on any dispositive matters. [ECF No. 2]. Judge Reid’s Report recommends that the Court dismiss the Motion as time-barred. Movant has filed timely objections to the Report. [ECF Nos. 8, 9]. A district court may accept, reject, or modify a magistrate judge’s report and recommen- dation.

(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,

(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.,

(M.D. Fla. 2001); accord Macort v. Prem, Inc.,

(11th Cir. 2006). The Court has conducted a de novo review of the record and agrees with Judge Reid’s well- reasoned analysis and conclusion that the Motion should be dismissed as _ time-barred. Accordingly, after careful consideration, it is ORDERED AND ADJUDGED as follows: (1) Judge Reid’s Report [ECF No. 3] is AFFIRMED AND ADOPTED and incorporated into this Order by reference; (2) The Motion to Vacate [ECF No. 1] 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 2nd day of November, 2020.

Df DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE