Huarte v. United States Of America

Filing 35

ORDER adopting Report and Recommendations re 22 Report and Recommendations and denying Movant Huarte motion. Any pending motions are DENIED AS MOOT. Certificate of Appealability: No Ruling. Closing Case. Motions terminated: 22 REPORT AND RE COMMENDATIONS on 28 USC 2255 case re 1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) filed by Sandra Huarte Recommending that this motion to vacate sentence be denied and the case closed.. Signed by Judge Robert N. Scola, Jr on 7/13/2018. See attached document for full details. (lk)

United States District Court
for the
Southern District of Florida
Sandra Huarte, Movant,
v.
United States of America,
Respondent.

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Civil Action No. 16-23720-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 March 5, 2018, Judge White issued a report,
recommending that the Court deny Movant Sandra Huarte’s motion. (Report of
Magistrate, ECF No. 22.) Huarte filed objections to the report. (Objs., ECF No.
26.) The Court also directed the Government to file a response to Huarte’s
objections to address why an evidentiary hearing was not warranted in her
case when her brother and father, who were Huarte’s co-defendants at trial,
were granted an evidentiary hearing. (Order, ECF No. 25.) The Government
filed its response as directed. (Response, ECF No. 29.)
The Court has reviewed de novo those portions of Judge White’s report to
which Huarte objects, and the remaining parts for clear error. See 28 U.S.C.
§ 636(b); Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Having
considered Judge White’s report, Huarte’s objections, the Government’s
response, and the relevant legal authorities, the Court finds Judge White’s
report and recommendation cogent and compelling and that an evidentiary
hearing is not warranted in this case.
Accordingly, the Court affirms and adopts Judge White’s report and
recommendation (ECF No. 22). The Court denies Huarte’s motion (ECF No. 1).
The Court does not issue a certificate of appealability. Finally, the Court directs
the Clerk to close this case. Any pending motions are denied as moot.
Done and ordered, at Miami, Florida, on July 13, 2018.

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Robert N. Scola, Jr.
United States District Judge