UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT PIERCE DIVISION

CASE NO. 22-14392-CIV-CANNON/McCabe

DAVID CHRISTOPHER HAMILTON,

Petitioner, v.

SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS.

Respondent. ____________________________/

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

THIS CAUSE comes before the Court upon Petitioner’s Section 2254 Habeas Petition [ECF No. 1]. On July 17, 2023, following a referral order [ECF No. 5], Magistrate Judge McCabe issued a Report recommending that the Petition be denied without an evidentiary hearing and without a certificate of appealability [ECF No. 11]. Pursuant to Rule 72 of the Federal Rules of Civil Procedure, the parties had until August 1, 2023, to file objections to the Report,1 and the Report explicitly warned the parties of the consequences of failing to object. Fed. R. Civ. P. 72; 11th Cir. R. 3-1. No party filed objections to the Report, and the time to do so has expired. Seeing no clear error in the report, it is ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation [ECF No. 11] is ACCEPTED. 2. The Petition for Writ of Habeas Corpus Pursuant to

[ECF No. 1] is DENIED.

1 Although Judge McCabe signed the Report on July 17, 2023, it was not docketed and served on the parties until July 18, 2023 [ECF No. 11]. Thus, the parties had until August 1, 2023, to file objections. CASE NO. 22-14392-CIV-CANNON/McCabe

3. Petitioner’s request for an evidentiary hearing is DENIED. 4. Pursuant to

(c)(2), NO CERTIFICATE OF APPEALABILITY SHALL ISSUE because Petitioner has not shown that “jurists of reason would find it debatable whether the petition states a valid claim of denial of a constitutional right.” Slack v. McDaniel,

(2000). 5. The Clerk of the Court SHALL CLOSE this case. 6. Final Judgment to follow. DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 4th day of August 2023. iy M. CANNON UNITED STATES DISTRICT JUDGE ce: counsel of record