Louissant v. United States

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 1:19-24378-CIV-KING/REID

VLAIDIMIR LOUISSANT,

Plaintiff, v.

UNITED STATES OF AMERICA,

Defendant. ________________________________/

FINAL ORDER OF DISMISSAL

THIS CAUSE is before the Court on the December 9, 2020 Report and Recommendation (Doc. No. 16) (“R&R”) of Magistrate Judge Shaniek Maynard. Objections to the R&R were due by December 23, 2020. Plaintiff objected on January 6, 2021 (Doc. No. 17), but the Court nonetheless considered these objections despite their untimeliness.

The R&R recommends denying Plaintiff’s Motion to Vacate Sentence Pursuant to 28 U.S.C. § 2255. Specifically, the R&R analyzes (and rejects) Plaintiff’s argument that his federal criminal sentence violates his constitutional rights in light of the Supreme Court’s recent decision in United States v. Davis, 139 S. Ct. 2319 (2019). Also, the R&R analyzes (and rejects) Plaintiff’s argument that his sentence should be vacated for ineffective assistance of counsel. Upon consideration of the record and the R&R, the Court finds that Magistrate Judge Shaniek Maynard’s well-reasoned R&R accurately states the law of the case. Accordingly, it is ORDERED, ADJUDGED and DECREED that:

1. Magistrate Judge Maynard’s Report and Recommendation (Doc. No. 16) be, and the same is, hereby AFFIRMED and ADOPTED as an Order of this Court; 2. Plaintiff's Motion to Vacate Pursuant to 28 U.S.C. § 2255 is hereby DENIED; 3. No certificate of appealability shall issue; and

4. The Clerk of Court shall CLOSE this case.

DONE and ORDERED in Chambers at the James Lawrence King Federal Justice Building and United States Courthouse, Miami, Florida, this 12th day of January, 2021.

2 JAMES LAWRENCE KING _/

UNITED STATES DISTRICT fUDGE SOUTHERN DISTRICT OF FLORIDA ce: Magistrate Judge Shaniek Maynard

All counsel of record

Vlaidimir Louissant, pro se