Brown v. Secretary, Florida Department of Corrections

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT PIERCE DIVISION

CASE NO. 19-14210-CIV-CANNON/Reid

FRANKLIN BROWN,

Petitioner,

v.

SEC’Y, FLA. DEP’T OF CORR.,

Respondent. ______________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

THIS CAUSE is before the Court upon the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 [ECF No. 1], filed by Petitioner Franklin Brown on June 17, 2019 (“Petition”). The Court referred the Petition to Magistrate Judge Lisette M. Reid for a Report and Recommendation (“Report”) on all dispositive matters [ECF No. 2]. On March 10, 2021, Magistrate Judge Reid issued a Report recommending that the Petition be denied, the Motion to Stay the Instant Proceeding [ECF No. 13] be denied, and that no certificate of appealability issue [ECF No. 15]. The Report advised the Petitioner to file any objections within fourteen days of the date of service of a copy of the Report [ECF No. 15, p. 17]. To date, Petitioner has not filed any objections or sought additional time within which to do so. A district court “may accept, reject, or modify, in whole or part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). When a party makes timely objections to a Report and Recommendation, the district court “make[s] a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Id. When no party objects, the district court need not conduct a de CASE NO. 19-14210-CIV-CANNON

novo review. Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see also United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983); Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). The Court has carefully reviewed the Petition [ECF No. 1], the State’s Response [ECF No. 10; ECF No. 10-1], Petitioner’s Motion to Stay Proceedings [ECF No. 13], the State’s Response in Opposition [ECF No. 14], and the Report [ECF No. 15]. Applying the clearly erroneous standard, the Court ADOPTS the Report and ACCEPTS Judge Reid’s recommendation that the Petition and Motion to Stay be DENIED for the reasons set forth therein. Accordingly, it is ORDERED and ADJUDGED as follows: 1. The Report [ECF No. 15] is ADOPTED; 2. The Petition [ECF No. 1] is DENIED; 3. The Motion to Stay [ECF No. 13] is DENIED; 4. A Certificate of Appealability SHALL NOT ISSUE; 5. All pending motions are DENIED AS MOOT; and 6. The Clerk shall CLOSE this case. DONE AND ORDERED in Fort Pierce, Florida this 10th day of May 2021.

AILEE i CANNON UNITED STATES DISTRICT JUDGE ce: counsel of record Franklin Brown, #419235 Okeechobee Correctional Institution Inmate Mail/Parcels 3420 N.E. 168th Street Okeechobee, Florida 34972 PROSE