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.

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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

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