Smith v. United States of America

Filing 15

ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations, All pending motions are denied as moot and this Case is Closed. Signed by Judge Patricia A. Seitz on 12/23/2009. (ail)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-2 1943-CIV-SEITZIMCALILEY TODD C. SMITH, Movant,

I

v. UNITED STATES OF AMERICA, Respondent.
1

ORDER AFFIRMING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION THIS MATTER is before the Court upon the Report and Recommendation [DE-141 of the Honorable Patrick A. White, United States Magistrate Judge, to which no party has filed an objection. Magistrate Judge McAliley recommends denying Petitioner's 28 U.S.C. $2255 Motion to Vacate because (1) it was not raised on direct appeal and the Petitioner has not shown cause for default, and (2) because the Court acted within its discretion in imposing part of Petitioner's federal sentence consecutively to his undischarged state sentence.

I
i

After carefully reviewing, de novo, the entire record and pertinent legal authorities, the Report and Recommendation shall be affirmed and adopted. Accordingly, it is hereby ORDERED that: (1) The Report and Recommendation of Magistrate Judge White [DE-141 is AFFIRMED and ADOPTED; (2) Petitioner's Motion to Vacate under 28 U.S.C. $2255 [DE-11 is DENIED; and (3) All pending motions not otherwise ruled upon are DENIED AS MOOT and this case is CLOSED. DONE and ORDERED in Miami, Florida, t

UNITED STATES DISTRICT JUDGE cc: Counsel of RecordlPro Se Parties