Kohn v. Florida Department of Corrections

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Adopting 26 Report and Recommendations. Certificate of Appealability: DENIED Closing Case. Motions terminated: 26 REPORT AND RECOMMENDATIONS on 28 USC 2254 case re 16 Amended Complaint filed by Sammie Lee Kohn, Jr., 1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Sammie Lee Kohn, Jr., 24 Amended Complaint filed by Sammie Lee Kohn,. Signed by Judge Robin L. Rosenberg on 9/15/2020. See attached document for full details. (drz)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 17-CV-14264-ROSENBERG SAMMIE LEE KOHN, JR., Petitioner, v. STATE OF FLORIDA, Respondent. / ORDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATION This matter is before the Court upon pro se Petitioner’s Petition for Writ of Habeas Corpus which was previously referred to the Honorable Lisette M. Reid for a Report and Recommendation on any dispositive matters. On July 22, 2020, Judge Reid issued a Report and Recommendation recommending that Petitioner’s Petition be denied. DE 26. Petitioner filed objections.1 The Court has conducted a de novo review of Magistrate Judge Reid’s Report and Recommendation, the objections, and the record and is otherwise fully advised in the premises. Upon review, the Court finds Judge Reid’s recommendations to be well reasoned and correct. The Court agrees with the analysis in Judge Reid’s Report and Recommendation and concludes that the Petition should be denied for the reasons set forth therein. For the foregoing reasons, it is ORDERED AND ADJUDGED as follows: 1. Magistrate Judge White’s Report and Recommendation [DE 26] is hereby ADOPTED; 2. Petitioner’s Petition is DENIED; 1 The Court notes the objections at docket entries 32 and 33. The Court is uncertain if it is able to consider those objections, however, the Court has erred on the side of considering the arguments raised in the objections in their entirety. 3. No certificate of appealability shall issue; 4. All other pending motions are DENIED AS MOOT; and 5. The Clerk of the Court is directed to CLOSE THIS CASE. DONE and ORDERED in Chambers, West Palm Beach, Florida, this 15th day of September, 2020. _______________________________ ROBIN L. ROSENBERG UNITED STATES DISTRICT JUDGE Copies furnished to Counsel of Record

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