McKaufman v. Coker

Full title: CARLUS MCKAUFMAN, Petitioner, v. JIMMY COKER, Respondent.

Court: United States District Court, Southern District of Florida

Date published: Mar 22, 2022

No. 18-24824-CIV-WILLIAMS (S.D. Fla. Mar. 22, 2022)

Opinion

18-24824-CIV-WILLIAMS

03-22-2022

CARLUS MCKAUFMAN, Petitioner, v. JIMMY COKER, Respondent.

KATHLEEN M. WILLIAMS, UNITED STATES DISTRICT JUDGE

ORDER

KATHLEEN M. WILLIAMS, UNITED STATES DISTRICT JUDGE

THIS MATTER is before the Court on United States Magistrate Judge Lisette M. Reid's Report and Recommendation (“the Report”) (DE 38) that the Court deny pro se Petitioner Carlus McKaufman's (“Petitioner”) Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 (“ Section 2254 Petition”). (DE 1.) Petitioner filed objections to the report. (DE 43.)

Upon an independent review of the Report, Petitioner's Objections, and the underlying record, it is ORDERED AND ADJUDGED as follows:

1. The conclusions in the Report (DE 38) are AFFIRMED AND ADOPTED.

2. Petitioner's Section 2254 Petition (DE 1) is DENIED.^{[ 1}

1 The Court also agrees with Judge Reid's determination that Petitioner is not entitled to an evidentiary hearing. (See DE 38 at 28.)

3. A certificate of appealability is DENIED.

4. Given the Court's denial of Petitioner's Section 2254 Petition (DE 1), all pending motions- including Petitioner's Motion for Partial Summary Judgment (DE 54)-are DENIED AS MOOT.

5. Final judgment in Respondent's favor will be entered separately in accordance with Fed.R.Civ.P. 58(a).

6. The Clerk of Court is directed to CLOSE this case.

DONE AND ORDERED in Chambers in Miami, Florida on this 22nd day of March, 2022.