Hernandez v. United States Of America

Filing 28

ORDER Adopting 27 Report and Recommendations. Certificate of Appealability: DENIED. Closing Case. Signed by Judge Marcia G. Cooke on 11/30/2020. See attached document for full details. (rrt)

Case 1:16-cv-23219-MGC Document 28 Entered on FLSD Docket 11/30/2020 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 16-23219-Civ-COOKE
(11-20110-Cr-COOKE)
MARCO HERNANDEZ,
Movant,
vs.
UNITED STATES OF AMERICA,
Respondent.
___________________________________________/
ORDER ADOPTING REPORT OF MAGISTRATE JUDGE
THIS MATTER was referred to the Honorable Lisette M. Reid, United States
Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(B) and Administrative Order 2003-19
of this Court, for a ruling on all pre-trial, non-dispositive matters and for a Report and
Recommendation on any dispositive matters. ECF Nos. 3, 22. Movant, Marco Hernandez,
has filed an Amended Motion to Vacate pursuant to 28 U.S.C. § 2255. ECF No. 18. The
United States opposes the Amended Motion. ECF Nos. 19, 26. On November 3, 2020,
Judge Reid issued a Report of Magistrate Judge, recommending the Amended Motion to
Vacate be DENIED, that no certificate of appealability issue, that final judgment be entered,
and this case closed. ECF No. 27. Movant did not file objections to Judge Reid’s Report,
and the time to do so has passed.
Having considered Judge Reid’s Report, the Amended Motion, the United States’
response, the record, and the relevant legal authorities, the Court finds Judge Reid’s Report
clear, cogent, and compelling. Accordingly, it is ORDERED and ADJUDGED that Judge
Reid’s Report of Magistrate Judge (ECF No. 27) is AFFIRMED and ADOPTED. The
Amended Motion to Vacate (ECF No. 18) is DENIED. The Court declines to issue a
Certificate of Appealability. The Clerk shall CLOSE this case. All pending motions are
DENIED as moot.

Case 1:16-cv-23219-MGC Document 28 Entered on FLSD Docket 11/30/2020 Page 2 of 2

DONE and ORDERED in Chambers at Miami, Florida, this 30th day of November
2020.

Copies furnished to:
Lisette M. Reid, U.S. Magistrate Judge
Counsel of Record