Senecharles v. United States ( 2021 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 19-24031-CV-KING CARLO J. SENECHARLES, Plaintiff v. UNITED STATES OF AMERICA, Defendant. / FINAL ORDER OF DISMISSAL THIS CAUSE is before the Court on the December 17, 2020 Report and Recommendation (“R&R”) (DE 19) of Magistrate Judge Lisette M. Reid. Plaintiff’s objections were due by December 31, 2020; none were filed. The R&R recommends denying Plaintiff’s Motion to Vacate Sentence (DE 1) pursuant to 28 U.S.C. § 2255, reasoning that Plaintiff did not preserve his claim by objecting at trial or on appeal that his conviction is invalid because the indictment did not allege conduct constituting a crime. R&R at 4–6; See Murray v. Carrier, 477 U.S. 478, 490-92 (1986). Thus, Plaintiff’s claim is procedurally defaulted. Id. Secondly, the R&R recommends denying Plaintiff’s claim that his Florida attempted first degree murder conviction no longer qualifies as an Armed Career Criminal Act (“ACCA”) predicate because it is untimely. See R&R at 6–8; 28 U.S.C. § 2255(f). Upon consideration of the record and the R&R, the Court finds that Magistrate Judge Reid’s well-reasoned R&R accurately states the law of the case. Therefore, it is ORDERED, ADJUDGED and DECREED that: 1. Magistrate Judge Lisette M. Reid’s Report and Recommendation (DE 19) be, and the same is, hereby AFFIRMED and ADOPTED as an Order of this Court; 2. Plaintiff’s Motion to Vacate is hereby DENIED; and 3. The Clerk of Court shall CLOSE this case. DONE and ORDERED in Chambers at the James Lawrence King Federal Justice Building and United States Courthouse, Miami, Florida, this 5th day of January, 2021. _______________________________ JAMES LAWRENCE KING UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF FLORIDA cc: Magistrate Judge Lisette M. Reid All counsel of record Clerk of Court Carlo J. Senecharles, pro se