Opinion
Case Number: 14-20645-CIV-MORENO
09-02-2015
EDUARDO GONZALEZ, Plaintiff, v. JULIE JONES, Secretary of the Florida Department of Corrections, Defendant.
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION AND GRANTING PETITION FOR A WRIT OF HABEAS CORPUS
This case was referred to the Honorable Patrick A. White, United States Magistrate Judge, for a Report and Recommendation on Eduardo Gonzalez's petition for a writ of habeas corpus. Magistrate White recommended granting Mr. Gonzalez's petition as to Count 13, in which Mr. Gonzalez complains of a violation of his constitutional right to be free from double jeopardy. The Court has reviewed the entire file and record, and the Court has made a de novo review of the issues that the objections to the Magistrate Judge's Report and Recommendation present. Being otherwise fully advised in the premises, it is
ADJUDGED that United States Magistrate Judge Patrick A. White's Report and Recommendation is AFFIRMED and ADOPTED. Accordingly, it is adjudged that Mr. Gonzalez's petition for a writ of habeas corpus is GRANTED as to his double jeopardy claim in Count 13. The Court will not issue a certificate of appealability for this matter.
DONE AND ORDERED in Chambers at Miami, Florida, this 2nd day of September, 2015.
/s/_________
FEDERICO A. MORENO
UNITED STATES DISTRICT JUDGE
Copies provided to: United States Magistrate Judge Patrick A. White Counsel of Record