Del Valle v. Florida Department of Corrections et al

Filing 68

ORDER AFFIRMING AND ADOPTING Report and Recommendations 67 and GRANTING IN PART AND DENYING IN PART Petitioner's Application/Petition for Writ of Habeas Corpus 1 . Signed by Judge Kathleen M. Williams on 5/6/2022. See attached document for full details. (nlf)

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Case 1:14-cv-20061-KMW Document 68 Entered on FLSD Docket 05/06/2022 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 14-CIV-20061-WILLIAMS LUIS GUSTAVO DEL VALLE, Petitioner, v. FLORIDA DEPARTMENT OF CORRECTIONS, et al., Respondents. __________________________________/ ORDER THIS MATTER is before the Court on Magistrate Judge Jacqueline Becerra’s Report and Recommendation (“Report”) (DE 67) on Luis Gustavo Del Valle’s (“Petitioner’s” or “Mr. Del Valle’s”) Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 (the “Petition”). 1 (DE 1.) No objections were filed to the Report, and the time to file objections has passed. See 11th Cir. R. 3-1; 28 U.S.C. § 636(b)(1)(C). The Report recommends the Court grant in part and deny in part the Petition. (DE 67 at 1, 51.) Upon a careful review of the Report, the Petition, and the record, it is ORDERED AND ADJUDGED that: 1. Judge Becerra’s Report (DE 67) is AFFIRMED AND ADOPTED. 2. Mr. Del Valle’s Petition (DE 1) is GRANTED IN PART AND DENIED IN PART. The Petition is granted as to the request for a new trial because Mr. Del Valle’s constitutional right to remain silent was not scrupulously honored. See Michigan v. Mosley, 423 U.S. 96, 103–05 (1975); United States v. Muhammad, 196 F. App’x 882, 885–86 (11th Cir. 2006). Accordingly, Respondents are Petitioner also filed an Amended Petition (DE 35), which the Report concludes is procedurally defaulted. (DE 67 at 30.) Accordingly, only the Petition (DE 1) is considered. 1 Page 1 of 2 Case 1:14-cv-20061-KMW Document 68 Entered on FLSD Docket 05/06/2022 Page 2 of 2 ordered to conduct a new trial consistent with this Order and the Report. The Petition is denied as to the assertions of ineffective assistance of counsel. 3. The Clerk is ordered to CLOSE this case. DONE AND ORDERED in Chambers in Miami, Florida, this 6th day of May, 2022. Page 2 of 2

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