Medina v. United States

United States District Court for the Southern District of Florida

Medina v. United States

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-61036-BLOOM Case No. 14-cr-60103-BLOOM

BRANDON MEDINA,

Movant,

v.

UNITED STATES OF AMERICA,

Respondent. ______________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS

THIS CAUSE is before the Court upon Pro Se Movant Brandon L. Medina’s Motion Under

28 U.S.C. § 2255

to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (“Motion to Vacate”), ECF No. [1]. The Motion to Vacate was previously referred to the Honorable Alicia Otazo-Reyes for a Report and Recommendations (“R&R”) on all dispositive matters. See ECF No. [19]. On March 11, 2021, the Magistrate Judge issued a R&R recommending that the Motion be denied. ECF No. [24]. The R&R states that the parties shall file any objections within fourteen days of the date of service of a copy of the R&R.

Id.

To date, Petitioner has filed no objections, nor has he sought additional time in which to do so. Nevertheless, the Court has conducted a de novo review of the R&R and the record in this case and is otherwise fully advised in the premises. See Williams v. McNeil,

557 F.3d 1287, 1291

(11th Cir. 2009) (citing

28 U.S.C. § 636

(b)(1)). Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that the Motion must be DENIED for the reasons set forth therein. Case No. 20-cv-61036-BLOOM Case No. 14-cr-60103-BLOOM Accordingly, itis ORDERED and ADJUDGED as follows: 1. The R&R, ECF No. [24], is ADOPTED; 2. The Motion, ECF No. [1], is DENIED; 3. A Certificate of Appealability is DENIED; 4. All pending motions are DENIED AS MOOT; and, 5. The Clerk shall CLOSE this case. DONE AND ORDERED in Chambers at Miami, Florida, on March 30, 2021. BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record Copy provided via U.S. Mail to: Brandon L. Medina, pro se Allenwood Medium Federal Correctional Institution Inmate Mail/Parcels Post Office Box 2000 White Deer, PA 17887

Reference

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