Opinion
CASE NO.: 18-61997-CIV-MIDDLEBROOKS/REID 17-60106-CR-MIDDLEBROOKS
09-30-2020
JOSE GUTIRES DIAS, Movant, v. UNITED STATES OF AMERICA, Respondent.
Copies to: Magistrate Judge Lisette Reid; Counsel of Record; Jose Gutires Dias 15882-104 Coleman Low Federal Correctional Institution Inmate Mail/Parcels Post Office Box 1031 Coleman, FL 33521 PRO SE
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE comes before the Court on Magistrate Judge Lisette M. Reid's Report and Recommendation ("Report"), issued on August 5, 2020. (DE 15). The Report recommends denying Movant Jose Gutires Dias's pro se Motion to Vacate, pursuant to 28 U.S.C. §2255. (Id.). Movant has not filed objections to the Report and the date to do so has passed.
After a careful review of Judge Reid's Report and the record in this case, I agree with the Report's recommendations. Further, I find that Movant has failed to make "a substantial showing of the denial of a constitutional right" sufficient to support the issuance of a Certificate of Appealability. See 28 U.S.C. § 2253.
Accordingly, it is hereby ORDERED AND ADJUDGED that:
(1) The Report (DE 15) is RATIFIED, ADOPTED, AND APPROVED in its entirety.
(2) Movant Samuel Alvarado's pro se Motion to Vacate pursuant to 28 U.S.C. § 2255 (DE 1) is DENIED.
(3) A Certificate of Appealability is DENIED.
(4) The Clerk of Court is directed to CLOSE THIS CASE.
(5) All pending motions are DENIED AS MOOT.
SIGNED in Chambers at West Palm Beach, Florida, this 30th day of September, 2020.
/s/_________
Donald M. Middlebrooks
United States District Judge Copies to: Magistrate Judge Lisette Reid;
Counsel of Record;
Jose Gutires Dias
15882-104
Coleman Low
Federal Correctional Institution
Inmate Mail/Parcels
Post Office Box 1031
Coleman, FL 33521
PRO SE