UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 4:19-10183-CIV-KING/REINHART

AMADO CARDENAS,

Plaintiff,

v.

UNITED STATES OF AMERICA,

Defendant. ________________________________/

FINAL ORDER OF DISMISSAL THIS CAUSE is before the Court on the February 25, 2021 Report and Recommendation (“R&R”) (DE 9) of Magistrate Judge Bruce E. Reinhart. Plaintiff’s objections were due by March 11, 2021; none were filed. The R&R recommends denying Plaintiff’s pro se Motion to Vacate pursuant to

because his Rehaif claim is not retroactively cognizable on collateral review and is procedurally defaulted from review. See R&R; Rehaif v. United States,

(2019); Bousley v. United States,

(1998); United States v. Frady,

, 167– 68 (1982). Upon consideration of the record and the R&R, the Court finds that Magistrate Judge Reinhart’s well-reasoned R&R accurately states the law of the case. Therefore, it is ORDERED, ADJUDGED and DECREED that: 1. Magistrate Judge Bruce E. Reinhart’s Report and Recommendation (DE 9) be, and the same is, hereby AFFIRMED and ADOPTED as an Order of this Court; 2. Plaintiff’s Motion to Vacate (DE 1) 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 19th day of March, 2021.

oo A. i Ck I] AMES LAWRENCE KING “~DXITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF FLORIDA ce: Magistrate Judge Bruce E. Reinhart All counsel of record Clerk of Court Amado Cardenas, pro se Reg. No. 03288-104 F.C.I. -Coleman (Med.) Inmate Mail/Parcels P.O. Box 1032 Coleman, FL 33521