Reid v. Secretary Department of Corrections et al

Filing 19

ORDER Adopting 17 Magistrate Judge's Report and Recommendation. Certificate of Appealability: DENIED. The Court directs the Clerk to close this case and deny any pending motions as moot. Motions Terminated: 17 REPORT AND RECOMMENDA TIONS on 28 USC 2254 case re 1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Robin Reid Recommending that this petition for habeas corpus relief be DENIED on the merits, that no certificate of appealabili. Signed by Judg e Robert N. Scola, Jr on 5/29/2018. (asl) 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. Modified document type to opinion on 5/30/2018 (asl).

United States District Court
for the
Southern District of Florida
)
)
v.
)
) Criminal Case No. 17-60395-Civ-Scola
Julie L. Jones, Secretary of the
)
Department of Corrections and
Pamela Jo Bondi, Attorney General
)
of the State of Florida, Respondents. )
Robin Reid, Movant,

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 April 23, 2018, Judge White issued a report
recommending that the Court deny Petitioner Robin Reid’s motion to vacate his
sentence pursuant to 28 U.S.C. § 2254. (Report of Mag. J., ECF No. 17.) Reid
has filed objections. (Pet’r’s Objs., ECF No. 18.) Having reviewed de novo those
portions of Judge White’s report to which Reid properly objected and having
reviewed the remaining parts for clear error, the Court adopts the report and
recommendation in its entirety.
In his petition, Reid claims he was denied effective assistance of counsel
on thirteen grounds. Judge White did not find in Reid’s favor on any of these
bases. In his objections, Reid objects only to Judge White’s findings and
conclusions as to grounds one and twelve. After de novo review of these two
claims, the Court finds Reid failed to establish either Strickland prong and
therefore adopts Judge White’s report and recommendations. The Court also
finds no clear error with respect to Judge White’s conclusion as to Reid’s other
eleven claims.
The Court finds Judge White’s report and recommendation cogent and
compelling. The Court therefore affirms and adopts Judge White’s report and
recommendation (ECF No. 17). The Court denies Reid’s motion to vacate his
sentence (ECF No. 1). The Court does not issue a certificate of appealability.
Finally, the Court directs the Clerk to close this case and deny any pending
motions as moot.
Done and ordered, at Miami, Florida, on May 29, 2018.
_______________________________
Robert N. Scola, Jr.
United States District Judge