Medina v. United States ( 2021 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 20-cv-61036-BLOOM Case No. 14-cr-60103-BLOOM BRANDON MEDINA, Movant, v. UNITED STATES OF AMERICA, Respondent. ______________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS THIS CAUSE is before the Court upon Pro Se Movant Brandon L. Medina’s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (“Motion to Vacate”), ECF No. [1]. The Motion to Vacate was previously referred to the Honorable Alicia Otazo-Reyes for a Report and Recommendations (“R&R”) on all dispositive matters. See ECF No. [19]. On March 11, 2021, the Magistrate Judge issued a R&R recommending that the Motion be denied. ECF No. [24]. The R&R states that the parties shall file any objections within fourteen days of the date of service of a copy of the R&R. Id. To date, Petitioner has filed no objections, nor has he sought additional time in which to do so. Nevertheless, the Court has conducted a de novo review of the R&R and the record in this case and is otherwise fully advised in the premises. See Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that the Motion must be DENIED for the reasons set forth therein. Case No. 20-cv-61036-BLOOM Case No. 14-cr-60103-BLOOM Accordingly, itis ORDERED and ADJUDGED as follows: 1. The R&R, ECF No. [24], is ADOPTED; 2. The Motion, ECF No. [1], is DENIED; 3. A Certificate of Appealability is DENIED; 4. All pending motions are DENIED AS MOOT; and, 5. The Clerk shall CLOSE this case. DONE AND ORDERED in Chambers at Miami, Florida, on March 30, 2021. BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record Copy provided via U.S. Mail to: Brandon L. Medina, pro se Allenwood Medium Federal Correctional Institution Inmate Mail/Parcels Post Office Box 2000 White Deer, PA 17887