Opinion
Case No: 20-21691-Civ-COOKE/REID
10-29-2020
THEODORE KEITH GRIFFIN, Petitioner, v. MARK S. INCH, Respondent.
ORDER ADOPTING REPORT OF MAGISTRATE JUDGE
THIS MATTER was initially docketed as a pro se Complaint pursuant to 42 U.S.C. § 1983; however, upon review, United States Magistrate Judge Lisette M. Reid determined that the Petitioner's Complaint was actually a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. ECF No. 9. As such, this matter was referred to Judge Reid under 28 U.S.C. § 636(b)(1)(B), (C); S.D. Fla. L. R. 1(f) governing Magistrate Judges; S.D. Fla. Admin. Order 2019-02; and the Rules Governing Habeas Corpus Petitions in the United States District Courts for a ruling on all pre-trial, non-dispositive matters, and for a Report and Recommendation on any dispositive matters. See ECF No. 2.
On October 9, 2020, Judge Reid issued a Report recommending that this Court: 1) dismiss the Petition as time-barred; and 2) decline to issue a certificate of appealability. Report of Magistrate Judge re State Habeas Petition - 28 U.S.C. § 2554, ECF No. 9. Petitioner did not object to the Report and the time to do so has passed. After considering Judge Reid's Report, the record, and the relevant legal authorities, I find Judge Reid's Report clear, cogent, and compelling. Moreover, Petitioner has not demonstrated that "jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 326 (2003); accord Lott v. Attorney Gen., Fla., 594 F.3d 1296, 1301 (11th Cir. 2010) (explaining that a "petitioner need not show he will ultimately succeed on appeal" in order to warrant a certificate of appealability). It is therefore ORDERED and ADJUDGED as follows:
1. Judge Reid's Report and Recommendation [ECF No. 9] is APPROVED and
ADOPTED;
2. The Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 [ECF No. 1] is DISMISSED as time-barred;
3. A Certificate of Appealability is DENIED; and
4. The Clerk of Courts is directed to CLOSE this case.
DONE and ORDERED in chambers at Miami, Florida, this 29th day of October 2020.
/s/_________
MARCIA G. COOKE
United States District Judge Copies furnished to:
The Honorable Lissette Reid, U.S. Magistrate Judge
Theodore Keith Griffin, pro se
All Counsel of record