Summary
deferring retroactivity issue and finding petitioner's claims procedurally defaulted
Summary of this case from Ford v. United StatesOpinion
Case Number: 15-21641-MARTINEZ-WHITE
04-28-2016
TODD MCDUFFIE, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER ADOPTING MAGISTRATE JUDGE WHITE'S REPORT AND RECOMMENDATION
THE MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, for a Report and Recommendation on Movant's motion to vacate his sentence, filed pursuant to 28 U.S.C. § 2255. Judge White filed a Report and Recommendation [ECF No. 9], recommending that the motion be denied and that no certificate of appealability issue. The Court has reviewed the entire file and record and notes that no objections to the Magistrate Judge's Report and Recommendation have been filed. After careful consideration, the Court affirms and adopts the Report and Recommendation. Accordingly, it is hereby ADJUDGED that United States Magistrate Judge White's Report and Recommendation [ECF No. 9] is AFFIRMED and ADOPTED. Accordingly, it is:
ADJUDGED that Movant's motion to vacate his sentence is DENIED. No certificate of appealability shall issue. This case is CLOSED, and any pending motions are DENIED AS MOOT. A final judgment shall be entered by separate order.
DONE AND ORDERED in Chambers at Miami, Florida, this 28 day of April, 2016.
/s/_________
JOSE E. MARTINEZ
UNITED STATES DISTRICT JUDGE Copies provided to:
Magistrate Judge White
All Counsel of Record
Todd McDuffie, #00293-104