Bollo v. Secretary, Department of Corrections, State of Florida

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-62146-CIV-SMITH
AUGUSTINE BOLLO,
Petitioner,
v.
SECRETARY, FLORIDA DEPARTMENT
OF CORRECTIONS,
Respondent.
______________________________________/
ORDER AFFIRMING AND ADOPTING
REPORT AND RECOMMENDATION
This matter is before the Court upon the Magistrate Judge’s Report and Recommendation
[DE 22] on Respondent’s Motion to Dismiss the Petition Based on a Lack of Jurisdiction [DE 18]
(the “Motion to Dismiss”) and Petitioner’s Objections [DE 25]. In his thorough and well-reasoned
Report and Recommendation, Magistrate Judge Hunt recommends that the Motion to Dismiss be
granted because Plaintiff has failed to demonstrate that he is in custody for the purposes of his §
2254 petition, and the Court lacks jurisdiction to consider his petition.
A 	district 	court 	may 	accept, 	reject, 	or 	modify 	a 	magistrate 	judge’s 	report 	and
recommendation. 	28 U.S.C. § 636(b)(1). 	Those portions of the report and recommendation to
which objections are made are accorded de novo review, if those objections “pinpoint the specific
findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir.
2009); see also Fed. R. Civ. P. 72(b)(3).
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The Court, having considered Judge Hunt’s Report, Petitioner’s objections thereto, and
having conducted a de novo review of the record, agrees with Judge Hunt’s well-reasoned analysis
and his recommendation that the Motion to Dismiss be granted and that this case be dismissed.
Accordingly, it is
ORDERED that:
1. 	The Magistrate Judge’s Report and Recommendation to District Judge [DE 22] is
AFFIRMED and ADOPTED and incorporated by reference into this Court’s Order.
2. 	The Petition Under 28 U.S.C. § 2254 by a Person “In State Custody” Pursuant to a
State Court Judgment [DE 1] is DISMISSED.
3. 	All pending motions not otherwise ruled upon are DENIED as moot.
4. 	This case is CLOSED.
DONE AND ORDERED in Fort Lauderdale, Florida on this 18th day of February 2026.
cc: 	counsel of record
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