Pearson v. United States

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 21-cv-80869-BLOOM/Reinhart

CORRY E PEARSON,

Movant, v.

UNITED STATES OF AMERICA,

Respondent. ______________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S

REPORT AND RECOMMENDATIONS

THIS CAUSE is before the Court upon the Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. § 2255 and Memorandum of Law in Support, ECF No. [1], filed on May 13, 2021 (“Motion”). The Motion was previously referred to the Honorable Bruce E. Reinhart for a Report and Recommendations (“R&R”) on all dispositive matters. See ECF No. [5]. On September 20, 2021, Judge Reinhart issued a R&R recommending that the Motion be denied. ECF No. [8]. The R&R states that a party shall file any objections within fourteen days of the date of service of a copy of the R&R. Id. To date, Movant has not filed 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 Judge Reinhart’s 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. 21-cv-80869-BLOOM/Reinhart Accordingly, it is ORDERED and ADJUDGED as follows:

1. The R&R, ECF No. [8], is ADOPTED;

2. The Motion to Vacate or Set Aside Sentence, 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 October 15, 2021.

BETH BLOOM

UNITED STATES DISTRICT JUDGE Copies to:

Counsel of Record

Corry Pearson, pro se

16072-104

Estill Federal Correctional Institution

Inmate Mail/Parcels

Post Office Box 699

Estill, SC 29918