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)

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