Morales v. Attorney General of the State of Florida et al

Filing 23

ORDER denying 20 Motion for Reconsideration. Signed by Judge Darrin P. Gayles (hs01)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 16-62311-CIV-GAYLES/WHITE
PRIMITIVO MORALES,
Petitioner,
v.
JULIE JONES,
Respondent.
/

ORDER
THIS CAUSE comes before the Court on Petitioner’s Motion for Reconsideration [ECF
No. 20] and Petitioner’s Objections to Magistrate Judge Patrick A. White’s Report of Magistrate
Judge (“Report”) [ECF No. 22]. On June 28, 2017, this Court issued an order adopting Magistrate
Judge White’s Report which recommended that the Court deny Petitioner’s petition for writ of habeas corpus pursuant to 28 U.S.C. §2254 [ECF No. 17]. Petitioner had failed to timely object to
the Report. On July 5, 2017, Petitioner requested additional time to file objections to the Report,
which the Court granted. On August 17, 2017, Petitioner filed a motion for reconsideration of the
Court’s order denying his Petition and on September 18, 2017, Petitioner filed formal objections to
the Report.
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).
Following receipt of the Petitioner’s motion for reconsideration and objections, the Court
conducted a de novo review of the record. This review has not changed the Court’s finding that
the Petition must be denied.
Accordingly, after careful consideration, it is
ORDERED AND ADJUDGED that Petitioner’s Motion for Reconsideration is DENIED.
DONE AND ORDERED in Chambers at Miami, Florida, this 24th day of January, 2018.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE

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