Baccari v. Inch

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 19-80334-CV-SMITH

LOUIS BACCARI,

Petitioner, v.

MARK S. INCH,

Respondent. ______________________/

ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE

This matter is before the Court upon the Report of Magistrate Judge [DE 17], in which she recommends that Petitioner’s federal habeas petition be denied, and final judgment be entered in favor of Respondent.

To “challenge the findings and recommendations of the magistrate, a party must . . . [file] written objections which shall specifically identify the portions of the proposed findings and recommendation to which objection is made and the specific basis for objection.” Heath v. Jones, 863 F.2d 815, 822 (11th Cir. 1989). “Upon receipt of objections meeting the specificity requirement set out above . . . [the district court] . . . make[s] a de novo determination of those portions of the report, proposed findings, or recommendation to which objection is made and may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate.” Id. “The district judge reviews legal conclusions de novo, even in the absence of an objection.” Lacy v. Apfel, No. 2:97-CV-153-FTM-29D, 2000 WL 33277680, at *1 (M.D. Fla. Oct. 19, 2000) (citing Cooper–Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994)). Petitioner has not filed any objections to the Report of Magistrate Judge. Having reviewed, de novo, the Report of Magistrate Judge and the record, and given that there are no objections, it is

ORDERED that:

1) The Report [DE 17] is AFFIRMED AND ADOPTED: a. the Petition [DE 1] is DENIED; b. no certificate of appealability shall issue; and

Cc. FINAL JUDGMENT is entered in favor of Respondent.

2) All pending motions not otherwise ruled on are DENIED AS MOOT.

3) This case is CLOSED.

DONE AND ORDERED in Fort Lauderdale, Florida, on this 15th day of November 2021.

RODNEY SMITH

UNITED STATES DISTRICT JUDGE ce:

Louis Baccari

615791

Calhoun Correctional Institution

Inmate Mail/Parcels

19562 SE Institution Drive

Blountstown, FL 32424

PRO SE

Lindsay Ayn Warner

Office of the Attorney General

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