Pearson v. United States

United States District Court for the Southern District of Florida

Pearson v. United States

Trial Court Opinion

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

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