Morgan v. United States of America

Filing 52

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; denying as moot 50 Motion to Expedite; denying as moot 50 Motion for Hearing; Ratifying, Adopting and Affirming 51 Report and Recommendations. Closing Case. Motions terminated: 50 MOTION t o Expedite MOTION for Hearing filed by Robert Lewis Morgan, 51 REPORT AND RECOMMENDATIONS on 28 USC 2255 case re 11 Amended Complaint/Amended Notice of Removal filed by Robert Lewis Morgan Recommending recommended that the Motion to Vacate be DENIED. [ECF No. 11]. In addition, an evidentiary hearing should be. Signed by Judge Ursula Ungaro on 11/16/2020. See attached document for full details. (drz)

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Case 1:18-cv-21024-UU Document 52 Entered on FLSD Docket 11/16/2020 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: 18-cv-21024-UU Crim. No.: 16-cr-20652-UU ROBERT LEWIS MORGAN, Movant, v. UNITED STATES OF AMERICA, Respondent. __________________________________/ ORDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATION This Cause is before the Court upon Movant’s pro se Third Amended Motion to Vacate Pursuant to 28 U.S.C. § 2255 (the “Motion”) (D.E. 11). The Court has reviewed the Motion and pertinent parts of the record and is otherwise fully advised in the premises. This matter was referred to Magistrate Judge Lisette M. Reid who, on October 23, 20209, issued a Report (the “Report”) recommending that the Motion be denied because Movant failed to meet his burden to show that his counsel was ineffective. D.E. 51. Movant did not file objections to the Report. See LoConte v. Dugger, 847 F.2d 745, 750 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988) (holding that failure to file timely objections bars the parties from attacking factual findings on appeal). Upon de novo review, the Court agrees with Magistrate Judge Reid’s recommendations and concurs in all her findings. Accordingly, it is hereby ORDERED AND ADJUDGED that the Report (D.E. 51) is RATIFIED, ADOPTED, and AFFIRMED. It is further ORDERED AND ADJUDGED that the Motion (D.E. 11) is DENIED. It is further Case 1:18-cv-21024-UU Document 52 Entered on FLSD Docket 11/16/2020 Page 2 of 2 ORDERED AND ADJUDGED that no certificate of appealability shall issue. It is further ORDERED AND ADJUDGED that Plaintiff’s Expedited Motion Requesting Magistrate Judge to Issue Report and Recommendation on Movant’s Pending 28 U.S.C. § 2255 Motion to Vacate Sentence (D.E. 50) is DENIED AS MOOT. It is further ORDERED AND ADJUDGED that this case is CLOSED. DONE AND ORDERED in Chambers in Miami, Florida this 16th__ day of November, 2020. _____________________________ URSULA UNGARO UNITED STATES DISTRICT JUDGE Copies provided: Robert Lewis Morgan, pro se Counsel of record via CM/ECF 2

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