Fletcher v. State of Florida

Filing 50

ORDER ADOPTING MAGISTRATE JUDGES REPORT AND RECOMMENDATION re 47 Report and Recommendations. The Amended Petition for Habeas Corpus Relief, DE# 33 , is DENIED. No Certificate of Appealability shall be issued. To the extent not otherwise disposed of, any scheduled hearings are CANCELED, all pending motions are DENIED as moot, and all deadlines are TERMINATED. The Clerk of Court is directed to CLOSE this case. Motions Terminated: 47 REPORT AND RECOMMENDATIONS on 28 USC 2254 case re [41 ] Amended Complaint filed by Clifford Charles Fletcher Recommending that: 1.the federal habeas petition be DENIED; 2.final judgment be entered in favor of Respondent; 2.a certificate of appealab. Signed by Judge Beth Bloom on 12/4/2019. See attached document for full details. (ebz)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 17-cv-61733-BLOOM/Reid
CLIFFORD CHARLES FLETCHER,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
/
ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
THIS CAUSE is before the Court upon the Report and Recommendations of the
Honorable Lisette M. Reid. ECF No. [47] (“Report”). On October 31, 2019, Judge Reid issued the
Report recommending that the Amended Petition for Habeas Corpus Relief, ECF No. [33]
(“Petition”), be denied on the merits, that the requested evidentiary hearing be denied, and that a
certificate of appealability be denied and the case be closed. ECF No. [47] at 33. The Report further
advised that any objections to the Report’s findings were due within fourteen days of receipt of
the Report. Id.1 To date, Petitioner has not filed any objections, nor has he sought any further
additional time within which to do so.
This Court has conducted a de novo review of Judge Reid’s Report and the record, and is
otherwise fully advised in the premises. Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009)
(citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds Judge Reid’s Report to be well
reasoned and correct. The Court therefore agrees with the analysis in the Report and concludes

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On November 18, 2019, Petitioner requested an extension of time within which to file his objections. ECF
No. [48]. On the same day, this Court issued an Order permitting Petitioner to file his objections to Judge
Reid’s Report by November 22, 2019. ECF No. [49].

Case No. 17-cv-61733-BLOOM/Reid
that this case should be dismissed for the reasons set forth therein. The Court further concludes
that an evidentiary hearing is not necessary to resolve Petitioner’s constitutional claims.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Judge Reid’s Report and Recommendation, ECF No. [47], is ADOPTED.
2. The Amended Petition for Habeas Corpus Relief, ECF No. [33], is DENIED. No
Certificate of Appealability shall be issued.
3. To the extent not otherwise disposed of, any scheduled hearings are CANCELED,
all pending motions are DENIED as moot, and all deadlines are TERMINATED.
4. The Clerk of Court is directed to CLOSE this case.
DONE AND ORDERED in Chambers at Miami, Florida, on December 4, 2019.

_________________________________
BETH BLOOM
UNITED STATES DISTRICT JUDGE
Copies to:
The Honorable Lisette Reid
Counsel of Record
Clifford Charles Fletcher
684215
Charlotte Correctional Institution
Inmate Mail/Parcels
33123 Oil Well Road
Punta Gorda, FL 33955

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