Opinion
Case No. 17-23159-Civ-COOKE/WHITE 12-20696-Cr-COOKE
11-30-2017
FRANTZ PIERRE, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER ADOPTING REPORT OF MAGISTRATE JUDGE
THIS MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, pursuant to 28 U.S.C. §636(b)(1)(B), Rules 8 and 10 of the Rules Governing Section 2255 Cases in the United States District Courts, and Administrative Order 2003-19 of this Court, for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters (ECF No. 2). On August 24, 2017, Judge White issued a Report of Magistrate Judge (ECF No. 5) recommending that the motion to vacate be dismissed as time-barred and that no certificate of appealability be issued. Movant filed Objections to Judge White's Report on September 6, 2017.
I have considered Judge White's Report and the relevant legal authorities, and conducted a de novo review of the record. I find Judge White's Report clear, cogent, and compelling.
It is therefore ORDERED and ADJUDGED that Judge White's Report of Magistrate Judge (ECF No. 5) is AFFIRMED and ADOPTED. Accordingly, the Motion to Vacate Sentence (ECF No. 1) is DENIED. The Clerk is directed to CLOSE this case.
It is FURTHER ORDERED and ADJUDGED that Petitioner has not demonstrated that "jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 326 (2003); accord Lott v. Attorney Gen., Fla., 594 F.3d 1296, 1301 (11th Cir. 2010) (explaining that a "petitioner need not show he will ultimately succeed on appeal" in order to warrant a certificate of appealability). Accordingly, this Court DENIES a Certificate of Appealability in this case.
DONE and ORDERED in chambers, at Miami, Florida, this 30th day of November 2017.
/s/_________
MARCIA G. COOKE
United States District Judge Copies furnished to:
Patrick A. White, U.S. Magistrate Judge
Frantz Pierre, pro se
Counsel of record