Dawkins v. United States of America

Filing 41

ORDER ADOPTING 39 MAGISTRATE'S REPORT AND RECOMMENDATION. The Motion to Vacate Sentence (ECF No. 1 ) is DENIED. Certificate of Appealability: DENIED. Signed by Judge Marcia G. Cooke on 4/27/2021. See attached document for full details. (jbs)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 16-Civ-22750-COOKE (Case No. 08-Cr-20870-COOKE) YALANSKI DAWKINS, Movant, vs. UNITED STATES OF AMERICA, Respondent. ___________________________________/ ORDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATION THIS MATTER was referred to the Honorable Lissette Reid, U.S. Magistrate, pursuant to 28 U.S.C. § 636(b)(1)(B) and S.D. Fla. Admin. Order 2019-2, for a report and recommendation on Movant’s Motion to Vacate Sentence Pursuant to 28 U.S.C. § 2255 (the “Motion”). ECF No. 33. On February 1, 2021, Judge Reid issued a Report and Recommendation (the “Report”) on Movant’s Motion. ECF No. 39. In her Report, Judge Reid recommends that: 1) Movant’s Motion be denied; 2) no Certificate of Appealability be issued; and 3) that this case be CLOSED by the Clerk of Court. Movant filed Objections to Judge Reid’s Report on February 15, 2021. ECF No. 40. I have reviewed Judge Reid’s Report and Recommendation, the objections thereto, and I have made a de novo review of the record. Upon doing so, I find Judge Reid’s Report and Recommendation to be clear, cogent, and compelling. Therefore, it is ORDERED and ADJUDGED that Judge Reid’s Report and Recommendation (ECF No. 39) is AFFIRMED and ADOPTED as the Order of this Court. Accordingly, the Motion to Vacate Sentence (ECF No. 1) is DENIED. Furthermore, a certificate of appealability is DENIED. The Clerk is directed to CLOSE the case. DONE and ORDERED in chambers, at Miami, Florida, this 27th day of April 2021. Copies furnished to: Lissette Reid, U.S. Magistrate Judge Yalanski Dawkins Counsel of record

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