Robinson v. United States of America

Filing 63

ORDER Adopting 55 Report and Recommendations on Amended Motion to Vacate. Signed by Judge Federico A. Moreno on 6/14/2021. See attached document for full details. (mmd)

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA
Miami Division
Case Number: 17-22208-CIV-MORENO
(16-20314-CR-MORENO)
CREARY VERNON KEMIEL ROBINSON,
Plaintiff,
vs.
UNITED STATES OF AMERICA,
Defendant.
_________________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
AND ORDER DENYING AMENDED MOTION TO VACATE
THE MATTER was referred to the Honorable Lisette M. Reid, United States Magistrate
Judge, for a Report and Recommendation on the Amended Motion to Vacate filed pursuant 28
U.S.C. § 2255. The Magistrate Judge filed a Report and Recommendation (D.E. 20) on March
10, 2021. The Court has reviewed the entire file and record. The Court has made a de novo
review of the issues that the objections to the Magistrate Judge’s Report and Recommendation
present, and being otherwise fully advised in the premises, it is
ADJUDGED that Magistrate Judge Reid’s Report and Recommendation is AFFIRMED
and ADOPTED. Accordingly, it is
ADJUDGED that the Amended Motion to Vacate filed pursuant 28 U.S.C. § 2255 is
DISMISSED for the reasons stated in the Report and Recommendation. Upon reviewing the
transcript of the evidentiary hearing, the Court agrees with the Magistrate Judge’s assessment
that attorney Gary Rosenberg’s testimony, which is corroborated by his notes, was credible and
the Movant’s testimony was not, especially given the Movant’s delay in raising this issue. It is

further
ADJUDGED that no certificate of appealability issue.
DONE AND ORDERED in Chambers at Miami, Florida, this 14th of June 2021.

______________________________________
FEDERICO A. MORENO
UNITED STATES DISTRICT JUDGE
Copies furnished to:
United States Magistrate Judge Lisette M. Reid
Counsel of Record

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