Frediani v. Stevens

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 1 Application/Petition (Complaint) for Writ of Habeas Corpus, filed by Steven Frediani ; adopting Report and Recommendations re 11 Report and Recommendations; Dismissing Petition for Writ of Habe as Corpus; The Court Does Not Issue a Certificate of Appealability; Closing Case. Signed by Judge Robert N. Scola, Jr. on 4/28/2017. (ls) 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
for the
Southern District of Florida
Steven Frediani, Petitioner,
v.
Anthony Stevens, Respondent.

)
)
) Case No. 17-60205-Civ-Scola
)
)

Order Adopting Magistrate Judge’s Report And Recommendation
This case was referred to United States Magistrate Judge Patrick A.
White, consistent with Administrative Order 2003-19 of this Court, for a ruling
on all pre-trial, nondispositive matters and for a Report and Recommendation
on any dispositive matters. On March 6, 2017, Judge White issued a Report,
recommending that Petitioner Steven Frediani’s petition for a writ of habeas
corpus be denied as either an improper § 2241 petition or a successive § 2255
petition. (Report of Magistrate, ECF No. 11.) Frediani has not filed any
objections to the report and the time to do so has passed.
The Court has considered Judge White’s report, the record, and the
relevant legal authorities. As determined by Judge White, while Frediani
labeled this action as a petition for writ of habeas corpus under 28 U.S.C. §
2241, it is, in legal effect, actually a successive § 2255 motion. Because
Frediani has not obtained permission from the Eleventh Circuit Court of
Appeals to file a successive § 2255 motion, the Court is without jurisdiction to
consider his petition.
The Court finds Judge White’s report and recommendation cogent and
compelling. The Court affirms and adopts Judge White’s report and
recommendation (ECF No. 11). The Court dismisses the petition for writ of
habeas corpus (ECF No. 1). The Court does not issue a certificate of
appealability. Finally, the Court directs the Clerk to close this case.
Done and Ordered at Miami, Florida, on April 28, 2017.
___________________________________
Robert N. Scola, Jr.
United States District Judge