Thompson v. STATE OF FLORIDA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 20-80797-CV-MIDDLEBROOKS/Strauss ANTHONY T. THOMPSON, Petitioner, v. STATE OF FLORIDA, Respondent. _________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE comes before the Court on Magistrate Judge Jared Strauss’s Report and Recommendation (DE 16), recommending denial of Petitioner Anthony T. Thompson’s pro se petition for writ of habeas corpus pursuant to 28 U.S.C. §2254 (DE 1). No objections have been filed, and the deadline to do so expired on February 4, 2021.

Upon consideration of the Report, I agree with Judge Strauss’s findings and conclusions.

Further, I find that Petitioner has failed to make “a substantial showing of the denial of a constitutional right” sufficient to support the issuance of a Certificate of Appealability in that reasonable jurists would not find the assessment of the claims debatable or wrong, nor would they find it debatable whether the Court is correct in its procedural ruling. See 28 U.S.C. § 2253; Slack v. McDaniel, 529 U.S. 473, 484 (2000).

Accordingly, it is ORDERED AND ADJUDGED that: (1) Magistrate Judge Strauss’s Report (DE 11) is ADOPTED. (2) Anthony T. Thompson’s petition (DE 1) is DENIED. (3) The Clerk of the Court shall CLOSE THIS CASE. (4) All pending motions are DENIED AS MOOT.

SIGNED in Chambers in West Palm Beach, Florida, this 19th day of February, 2021.

\ Donald M. Middlebrooks United States District Judge Copies to: Counsel of Record; Anthony T. Thompson W04406 South Bay Correctional Facility Inmate Mail/Parcels U S Highway 27 South South Bay, FL 33493-2233 PRO SE