Aranda v. Department of Corrections ( 2021 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 20-80628-CV-MIDDLEBROOKS/Reid JOSE ARANDA, Petitioner, v. DEPARTMENT OF CORRECTIONS, SECRETARY, Respondent. _________________________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT THIS CAUSE comes before the Court on Magistrate Judge Lisette Reid’s Report (DE 11), recommending denial of Petitioner Jose Aranda’s pro se petition for writ of habeas corpus pursuant to 28 U.S.C. §2254 (DE 1). No objections have been filed, and the deadline to do so expired on February 3, 2021. Upon consideration of the Report, I agree with Judge Reid’s findings and conclusions. Further, I find that Petitioner has failed to make “a substantial showing of the denial of a constitutional right” sufficient to support the issuance of a Certificate of Appealability. See 28 U.S.C. § 2253; Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, it is ORDERED AND ADJUDGED that: (1) Magistrate Judge Reid’s Report (DE 11) is ADOPTED. (2) Jose Aranda’s petition (DE 1) is DENIED. (3) The Clerk of the Court shall CLOSE THIS CASE. (4) All pending motions are DENIED AS MOOT. DONE AND ORDERED in Chambers in West Palm Beach, Florida, this 19th day of February, 2021. \ Donald M. Middlebrooks United States District Judge Copies to: Counsel of Record; Jose Aranda B14131 Desoto Annex Inmate Mail/Parcels 13617 SE Highway 70 Arcadia, FL 34266 PRO SE