Ramirez v. United States of America

Filing 12

ORDER Adopting 11 Report and Recommendations. Certificate of Appealability: DENIED. Closing Case. Signed by Judge Robert N. Scola, Jr on 6/26/2017. (ail) 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
for the
Southern District of Florida
Antonio Ramirez, Petitioner,
v.
United States of America,
Respondent.

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Civil Action No. 16-23030-Civ-Scola
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Order Adopting Magistrate Judge’s Report And Recommendation
This case was referred to United States Magistrate Judge Patrick A.
White, consistent with Administrative Order 2003-19 of this Court, for a ruling
on all pre-trial, nondispositive matters and for a report and recommendation
on any dispositive matters. On May 16, 2017, Judge White issued a report
recommending that the Court deny the Petitioner’s motion to vacate or set
aside his sentence based on the Petitioner’s inability to show he was denied
effective assistance of counsel. (Report of Magistrate, ECF No. 11.) The
Petitioner has not filed objections to the report, and the time to do so has
passed.
The Court has considered Judge White’s report, the record, and the
relevant legal authorities. The Court finds Judge White’s report and
recommendation cogent and compelling. The Court affirms and adopts Judge
White’s report and recommendation (ECF No. 11). The Court denies the motion
to vacate or set aside the Petitioner’s sentence (ECF No. 1). The Court does not
issue a certificate of appealability. Finally, the Court directs the Clerk to close
this case.
Done and ordered, at Miami, Florida, on June 26, 2017.
_______________________________
Robert N. Scola, Jr.
United States District Judge