Raymond v. United States of America

Filing 18

ORDER ADOPTING 17 Report and Recommendation of Magistrate Judge, DISMISSING 1 Motion to Vacate Sentence as time-barred, and CLOSING case. Signed by Judge Joan A. Lenard on 4/29/2011. (mhz)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 10-23591-CIV-LENARD/WHITE
EVENS RAYMOND,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.
________________________________/
ORDER ADOPTING REPORT & RECOMMENDATION OF MAGISTRATE
JUDGE (D.E. 17) AND DISMISSING MOTION TO VACATE SENTENCE
PURSUANT TO 28 U.S.C. § 2255 (D.E. 1)
THIS CAUSE is before the Court on the Report and Recommendation of the
Magistrate Judge (“Report,” D.E. 17), issued on April 1, 2011, recommending that Movant
Evens Raymond’s Motion to Vacate Sentence pursuant to 28 U.S.C. § 2255 be dismissed as
time-barred. Therein, Movant was provided fourteen (14) days to file objections to the
Report. To date, Movant has not filed any objections to the Report. Failure to timely file
objections shall bar parties from attacking on appeal the factual findings contained in the
report. See Resolution Trust Corp. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir.
1993). Therefore, after an independent review of the Report and record, it is hereby
ORDERED AND ADJUDGED that:
1.

The Report of the Magistrate Judge (D.E. 17), issued on April 1, 2011, is

ADOPTED;
2.

The Motion to Vacate Sentence pursuant to 28 U.S.C. § 2255 (D.E. 1), filed
on or about October 4, 2010, is DISMISSED as time-barred;

3.

All other pending motions are DENIED AS MOOT;

4.

This case is now CLOSED.

DONE AND ORDERED in Chambers at Miami, Florida this 29th day of April, 2011.

___________________________________
JOAN A. LENARD
UNITED STATES DISTRICT JUDGE

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