Opinion
Case Number: 18-14087-CIV-MARTINEZ-REID
01-29-2021
DARIUS STILL, Petitioner, v. SECRETARY OF THE FLORIDA DEPARTMENT OF CORRECTIONS, et al., Respondents.
Copies provided to: Magistrate Judge Reid All Counsel of Record Darius Still, pro se
ORDER ADOPTING IN PART REPORT AND RECOMMENDATION
THE MATTER was referred to the Honorable Lisette M. Reid, United States Magistrate Judge, for a Report and Recommendation on Petitioner's pro se amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 7). Magistrate Judge Reid filed a Report and Recommendation (ECF No. 20), recommending that: (1) the petition for writ of habeas corpus be denied; (2) a certificate of appealability be denied as to Claims 1, 3, and 4 and granted as to Claim 2; (3) the case be closed. Respondent, the Secretary of the Florida Department of Corrections, has filed objections to Judge Reid's Report and Recommendation as it relates to the certificate of appealability. (ECF No. 21). To date, Petitioner has not filed objections to the Report and Recommendation.
Judge Reid's makes a recommendation in Section VI that a certificate of appealability be granted as to Claim 2, yet, her analysis in Section V recommends that a certificate of appealability be denied as to all claims. (See ECF No. 20, at 20). Notwithstanding this discrepancy, after conducting a de novo review, the Court finds that a certificate of appealability should be denied as to all claims. --------
The Court has reviewed the entire file and record and has made a de novo review of the issues that the objections to Judge Reid's Report and Recommendation present. After careful consideration, it is
ADJUDGED that United States Magistrate Judge Reid's Report and Recommendation (ECF No. 20) is AFFIRMED AND ADOPTED in part. Accordingly, it is:
ADJUDGED that:
1. Petitioner's pro se amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 7) is DENIED.
2. Respondent's Objections (ECF No. 21) are SUSTAINED.
3. A certificate of appealability is DENIED as to all claims.
4. This case is CLOSED, and all pending motions are DENIED as moot.
DONE AND ORDERED in Chambers at Miami, Florida, this 29th day of January, 2021.
/s/_________
JOSE E. MARTINEZ
UNITED STATES DISTRICT JUDGE Copies provided to:
Magistrate Judge Reid
All Counsel of Record
Darius Still, pro se