Montas v. United States of America

Filing 42

ORDER Affirming and Adopting 36 Magistrate Report and Recommendations. Certificate of Appealability is DENIED. All pending motions are denied as moot. Closing Case. Signed by Judge Darrin P. Gayles (lh00) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

ODELIN MONTAS,
Movant,
v.

Case No. 15-24535-CIV-GAYLES/WHITE

UNITED STATES OF AMERICA,
Respondent.
/

UNITED STATES OF AMERICA,
v.

Case No. 14-20433-CR-GAYLES

ODELIN MONTAS,
Defendant.
/
ORDER
THIS CAUSE comes before the Court on Movant Odelin Montas’s Motion to Vacate,
Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (the
“Motion”) [ECF No. 1]. The Motion was referred to Magistrate Judge Patrick A. White pursuant
to 28 U.S.C. § 636(b)(1)(B) and Administrative Order 2003-19 of this Court for a Report and
Recommendation [ECF No. 3]. Judge White’s Report recommends that the Court deny the Motion and that no certificate of appealibility be issued. [ECF No. 36]. The Movant timely filed objections to the Report. [ECF No. 40] (“Objections”).
A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that
the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see al-

so Fed. R. Civ. P. 72(b)(3). The Court has undertaken a de novo review of the record, including
the Report, the Objections, and the relevant legal authority. Having conducted a de novo review
of the record, the Court agrees with Judge White’s well-reasoned analysis and agrees that the
Motion must be denied
Accordingly, after careful consideration, it is ORDERED AND ADJUDGED as follows:
(1)

Judge White’s Report and Recommendation [ECF No. 36] is AFFIRMED AND
ADOPTED and incorporated into this Order by reference;

(2)

the Motion [ECF No. 1] is DENIED;

(3)

no certificate of appealibility shall issue; and

(4)

this case is CLOSED.

DONE AND ORDERED in Chambers at Miami, Florida, this 29th day of August, 2017.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE

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