Mark E. Walker United States District Judge

ORDER ACCEPTING REPORT AND RECOMMENDATION

This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 110, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. 111. Accordingly,

IT IS ORDERED:

The report and recommendation is accepted and adopted, over Petitioner's objections, as this Court's opinion.

As for Ground Twelve, there is no evidence that a plea offer was made by the Government. Neither Petitioner nor his wife have any personal knowledge of a plea offer. Instead, they claim that Mr. Daly, defense counsel, suggested there was a plea offer. As noted by the Magistrate, unlike state court and some federal courts, the Government in the Northern District of Florida does not enter into plea agreements recommending a specific sentence and has not done so more than twenty-five years. This is not a case where a plea offer was made and there is a disagreement about what defense counsel communicated to a defendant. Here, Petitioner has offered nothing to suggest such a plea was in fact made so as to warrant an evidentiary hearing.

The Clerk shall enter judgment stating, "Petitioner's Second Amended Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a person in federal custody, ECF No. 96, is DENIED. A certificate of appealability is DENIED." The Clerk shall close the file.

SO ORDERED on October 6, 2017.

s/ Mark E. Walker

United States District Judge