BROWN v. LAWLER et al

Filing 23

ORDER THAT UPON CONSIDERATION OF THE PETITION FOR A WRIT OF HABEAS CORPUS, THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE THOMAS J. RUETER, PETITIONER'S OBJECTIONS AND PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL, IT IS ORDERED AS FOLL OWS: THE OBJECTIONS 16 TO THE REPORT ARE OVERRULED. THE REPORT AND RECOMMENDATION 14 IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS 1 IS DISMISSED WITH PREJUDICE. PETITIONER'S MOTION TO APPOINT COUNSEL 13 IS DENIED. NO CERTIFICATE OF APPEALABILITY WILL ISSUE. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 10/13/16. 10/14/16 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(gs)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

NATHANIEL BROWN

:
:
:
:
:

v.
ROBERT LAWLER, ET AL.

CIVIL ACTION
NO. 09-2565

ORDER
AND NOW, this

13th

day of

October

, 2016, upon consideration of the

Petition for Writ of Habeas Corpus, the Report and Recommendation of United States Magistrate
Judge Thomas J. Rueter, Petitioner=s Objections to Magistrate=s Report and Recommendation, and
Petitioner=s Motion to Appoint Counsel, and all papers submitted in support thereof and in
opposition thereto, it is ORDERED as follows:
1.

The Objections to Magistrate=s Report and Recommendation (ECF No. 16) are
OVERRULED.

2.

The Report and Recommendation (ECF No. 14) is APPROVED and ADOPTED.

3.

The Petition for Writ of Habeas Corpus (ECF No. 1) is DISMISSED with
prejudice.

4.

Petitioner=s Motion to Appoint Counsel (ECF No. 13) is DENIED.

5.

No certificate of appealability will issue.
IT IS SO ORDERED.
BY THE COURT:

______________________
R. BARCLAY SURRICK, J.