Rosello v. United States

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Miami Division Case Number: 20-21118-CIV-MORENO (95-00114-CR-MORENO)

ANTONIO ROSELLO, Movant, vs.

UNITED STATES OF AMERICA,

Respondent. _________________________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND DENYING MOTION TO VACATE UNDER 28 U.S.C. § 2255 THE MATTER was referred to the Honorable William Matthewman, United States Magistrate Judge, for a Report and Recommendation on Motion to Vacate Pursuant to 28 U.S.C. § 2255. The Magistrate Judge filed a Report and Recommendation (D.E. 21) on October 1, 2021. The Court has reviewed the entire file and record. The Court has made a de novo review of the issues that the objections to the Magistrate Judge’s Report and Recommendation present, and being otherwise fully advised in the premises, it is ADJUDGED that Magistrate Judge Matthewman’s Report and Recommendation is AFFIRMED and ADOPTED. Accordingly, it is ADJUDGED that the Motion to Vacate Pursuant to 28 U.S.C. § 2255 is DENIED for the reasons stated in the Report and Recommendation. It is further ADJUDGED that a certificate of appealability issue as to whether the procedural default rule bars relief in this case as set forth in Granda v. United States, 996 F.3d 1100 (11th Cir. 2021).

DONE AND ORDERED in Chambers at Miami, Florida, this 22nd of October 2021.

FEDERICO A. MORENO UNITED STATES DISTRICT JUDGE Copies furnished to: United States Magistrate Judge William Matthewman Counsel of Record