Petit v. State of Florida et al

Filing 13

ORDER Adopting 11 Report and Recommendations. Certificate of Appealability: DENIED. Closing Case. Signed by Judge Darrin P. Gayles (hs01) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 16-60450-CIV-GAYLES/WHITE
LUCKENS PETIT,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
/

ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE comes before the Court on Magistrate Judge William C. Turnoff’s Report
and Recommendation (“Report”) [ECF No. 11]. Petitioner Luckens Petit (“Petitioner”) filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 attacking the constitutionality of his
Florida state court conviction for first degree felony murder, robbery with a firearm, and attempted
felony murder (the “Petition”) [ECF No. 1]. The matter was referred to Judge Turnoff, pursuant to
28 U.S.C. § 636(b)(1)(B) and Administrative Order 2003-19 of this Court, for a ruling on all pretrial, non-dispositive matters, and for a Report and Recommendation on any dispositive matters.
[ECF No. 5]. On December 18, 2017, Judge Turnoff issued his report recommending that the Petition be denied. Petitioner has timely objected to the Report [ECF No. 12].
DISCUSSION
A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection
is made are accorded de novo review, if those objections “pinpoint the specific findings that the
party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed.

R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection
is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters,
L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x
781, 784 (11th Cir. 2006). This Court has conducted a de novo review of the record and agrees
with Judge Turnoff’s recommendation that the Petition must be denied on the merits.
It is therefore,
ORDERED AND ADJUDGED as follows:
(1)

Judge Turnoff’s Report and Recommendation [ECF No. 11] is AFFIRMED
AND ADOPTED;

(2)

the Petition [ECF No. 1] is DENIED;

(3)

a certificate of appealability shall not issue; and

(4)

this case is CLOSED.

DONE AND ORDERED in Chambers at Miami, Florida, this 26th day of January, 2018.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE

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