Washington v. Secretary Department of Corrections et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 21 Report and Recommendations. The Court denies Washington's petition (ECF No. 1 ). The Court does not issue a certificate of appealability. The Court directs the Clerk to close this case. Signed by Judge Robert N. Scola, Jr on 10/18/2018. See attached document for full details. (mc)

United States District Court
for the
Southern District of Florida
)
)
)
v.
) Civil Action No. 17-20594-Civ-Scola
Secretary Department of Corrections, )
Julie Jones, and Attorney General
)
State of Florida, Respondents.
)
Korie Travaro Washington,
Petitioner,

Order Adopting Magistrate’s Report And Recommendation
This case was referred to United States Magistrate Judge Patrick A.
White, pursuant to 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 September 21, 2018, Judge White issued a report,
recommending that the petition for writ of habeas corpus be denied and that
the case be dismissed with prejudice. (Rep. of Mag. J., ECF No. 21.) Petitioner
Korie Travaro Washington has not filed any objections to the report and the
time to do so has passed.
Even though no objections were filed, the Court has nonetheless
considered—de novo—Judge White’s report, the record, and the relevant legal
authorities. The Court finds Judge White’s Report and Recommendation cogent
and compelling. As found by Judge White, Washington’s 28 U.S.C. § 2254
petition is untimely. Washington complains that he was unaware of an
agreement between the prosecution and a prosecution witness who testified
against him during his state-court trial in 2003. Washington further explains
that he only became aware of the agreement when he received, in June 2015, a
transcript of the witness’s Rule 35 hearing from 2004. The Court agrees with
Judge White’s conclusion that Washington “failed to file his petition within one
year of ‘the date on which the factual predicate of the claim or claims presented
could have been discovered through the exercise of due diligence.’” (Rep. at 21
(quoting 28 U.S.C. § 2244(d)(1)(D)).)
Accordingly, the Court affirms and adopts Judge White’s report and
recommendation (ECF No. 21). The Court denies Washington’s petition (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 in chambers, at Miami, Florida, on October 18, 2018.
________________________________
Robert N. Scola, Jr.
United States District Judge