Wilmore v. United States of America

Filing 45

ORDER Adopting 42 Report and Recommendations. Certificate of Appealability: Not Issued. Closing Case. Motions Terminated: 42 REPORT AND RECOMMENDATIONS on 28 USC 2255 case re 41 Response/Reply (Other) filed by Herve Wilmore, 1 Mo tion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) filed by Herve Wilmore Recommending that the motion to vacate (CV-DE#1) b. Signed by Judge Robert N. Scola, Jr on 4/12/2018. (vmz) 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 Hervé Wilmore, Movant, v. United States of America, Respondent. ) ) ) Civil Action No. 17-60278-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 12, 2018, Judge White issued a report, recommending that Wilmore’s motion to vacate be denied on the merits, and that the Court deny the motion to amend (ECF No. 41) as futile because the proposed additional claim is time barred. (Report of Magistrate, ECF No. 42.) Wilmore filed objections to the report (ECF Nos. 43, 44). The Court has considered Judge White’s report, Wilmore’s objections, the record, and the relevant legal authorities. 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. 41). The Court therefore denies the motion to vacate (ECF No. 1) and the motion to amend (ECF No. 41). The Court does not issue a certificate of appealability. Finally, the Court directs the Clerk to close this case. Any pending motions are denied as moot. Done and ordered at Miami, Florida, on April 12, 2018. _______________________________ Robert N. Scola, Jr. United States District Judge

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