Samuel-Maxwell v. United States of America

Filing 12

ORDER adopting Report and Recommendations re 11 Report and Recommendations. Motion to Vacate DE 1 is DISMISSED. Signed by Judge Ursula Ungaro on 4/12/2011. (lbc)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 10-22069-CIV-UNGARO
O’NEIL SAMUEL MAXWELL,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.
______________________________/

ORDER AFFIRMING MAGISTRATE JUDGE’S REPORT
THIS CAUSE is before the Court upon Plaintiff’s Motion to Vacate Sentence pursuant to
28 U.S.C. § 2255, filed June 23, 2010. (D.E. 1.)
THE COURT has reviewed the record as a whole and is otherwise fully advised in the
premises.
Movant initially filed a Motion to Vacate with the assistance of counsel. The matter was
referred to Magistrate Judge Andrea M. Simonton. Thereafter, counsel withdrew from his
representation of Movant and the matter was referred to Magistrate Judge Patrick A. White, who,
on March 16, 2010, issued a Report recommending that the Motion be dismissed for Movant’s
lack of prosecution.1 (D.E. 11.) The parties were afforded the opportunity to file objections to
the Magistrate Judge’s Report; however, no objections were filed. The matter is now ripe for
review. Accordingly, having conducted a careful, de novo review of the record, it is hereby
ORDERED AND ADJUDGED that the Magistrate Judge’s Report (D.E. 11) is
1

In his Report, the Magistrate Judge also notes that a search of the Bureau of Prisons
website reveals that Movant was released from its custody on November 30, 2010.

RATIFIED, ADOPTED and AFFIRMED. The Motion to Vacate (D.E. 1) is DISMISSED.
DONE and ORDERED in Chambers, at Miami, Florida this 12th day of April, 2011.

_______________________________
URSULA UNGARO
UNITED STATES DISTRICT JUDGE
copies provided:
O’Neil Samuel Maxwell, pro se