Pirkel #677844 v. Palmer

Filing 64

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 60 ; Petitioner's motion to supplement 61 is granted to the extent Petition seeks to supplement the record; Petitioner's habeas petition is denied; this matter is terminated; the Court discerns no good-faith basis for appeal ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DANIEL MARTIN PIRKEL,
Petitioner,
CASE No. 1:11-CV-205
v.
HON. ROBERT J. JONKER
CARMEN PALMER,
Respondent.
__________________________________/
ORDER
The Court has reviewed the Report and Recommendation filed by the United States
Magistrate Judge in this action on January 17, 2019. (ECF No. 60).

The Report and

Recommendation was duly served on the parties. On February 11, 2019, the Court granted
Petitioner a fourteen-day extension to file his Objections. Petitioner’s Objections were due no
later than February 25, 2019. (ECF No. 63). The time for filing Objections has passed, and no
objections have been filed under 28 U.S.C. § 636(b)(1)(C).
The only submission by Defendant is a motion to supplement the record (ECF No. 61) with
certain documents that were referenced, but not provided, in the Rule 5 materials. The Court grants
the motion to the extent Petitioner seeks to supplement the record but denies it in all other respects.
Specifically, nothing in the supplemental materials disturbs the Magistrate’s analysis. While the
Magistrate observed the absence of the records provided by Petitioner, the Magistrate did not rely
on the absence of those records in arriving at his Recommendation.
ACCORDINGLY, IT IS ORDERED that the Report and Recommendation of the
Magistrate Judge (ECF No. 60) is approved and adopted as the opinion of the Court.

IT IS FURTHER ORDERED that Petitioner’s Motions to Supplement (ECF No. 61) is
GRANTED to the extent Petitioner seeks to supplement the record.
IT IS FURTHER ORDERED that Petitioner’s habeas petition is DENIED.
IT IS FURTHER ORDERED that this matter is TERMINATED.
The Court discerns no good-faith basis for appeal of this matter.

See McGore v.

Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997); 28 U.S.C. § 1915(a)(3).

Dated:

February 28, 2019

/s/ Robert J. Jonker
ROBERT J. JONKER
CHIEF UNITED STATES DISTRICT JUDGE

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