Otero v. Florida Department of Corrections

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 20-62490-CIV-MIDDLEBROOKS/Otazo-Reyes

ROLANDO OTERO,

Petitioner, v.

FLORIDA DEPARTMENT OF CORRECTIONS,

MARK S. INCH, SECRETARY,

Respondent. _________________________________________/

ORDER ADOPTING REPORT OF MAGISTRATE JUDGE

THIS CAUSE comes before the Court on Magistrate Judge Alicia M. Otazo-Reyes’s Report, issued on February 4, 2021. (DE 4). The Report recommends dismissing Petitioner Rolando Otero’s pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Id.). Petitioner filed Objections to the Report, which were entered on the docket on April 19, 2021. (DE 12).

I have conducted a de novo review of the Report, objections, and the record as a whole. Upon review, I agree with Magistrate Judge Otazo-Reyes’s conclusion that Mr. Otero’s habeas petition should be dismissed as successive and unauthorized. Further, I note that no determination regarding the issuance of a certificate of appealability is necessary. See Osbourne v. Sec'y, Fla. Dep't of Corr., 968 F.3d 1261, 1264 (11th Cir. 2020) (“Although generally appeals from § 2254 proceedings require a certificate of appealability (“COA”), no COA is necessary to appeal the dismissal for lack of subject matter jurisdiction of a successive habeas petition because such orders are not ‘a final order in a habeas corpus proceeding.’” (citing Hubbard v. Campbell, 379 F.3d 1245, 1247 (11th Cir. 2004))). Accordingly, it is ORDERED AND ADJUDGED that: (1) Petitioner’s Objections to the Magistrate’s Report (DE 12) are OVERRULED. (2) Magistrate Judge Otazo-Reyes’s Report (DE 4) is hereby ADOPTED. (3) Petitioner’s pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (DE 1) is DISMISSED. (4) The Clerk of Court shall CLOSE THIS CASE. (5) All pending motions are DENIED AS MOOT.

SIGNED in Chambers in West Palm Beach, Florida, this 22nd day of April, 2021.

Lb Yb pee oy

Donald M. Middlebrooks United States District Judge Copies to: Magistrate Judge Alicia Otazo-Reyes;

Counsel of Record;

Rolando Otero, PRO SE

058721

Okeechobee Correctional Institution

Inmate Mail/Parcels

3420 NE 168th Street

Okeechobee, FL 34972