BOOKER v. LINK et al

Filing 26

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDCIE AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 10/2/19. 10/2/19 ENTERED AND COPIES MAILED AND E-MAILED.(jpd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN BOOKER,

:
Petitioner
:
:
v.
:
:
ROBERT GILMORE, et al.,
:
Respondents. :

CIVIL ACTION NO. 16-CV-4931

ORDER
AND NOW, this 2nd day of October, 2019, upon consideration of the Petition for Writ of
Habeas Corpus (Doc. No. 1), Respondents’ Response in Opposition (Doc. No. 20), the
September 9, 2019 Report and Recommendation of United States Magistrate Judge Lynne A.
Sitarski (Doc. No. 22), 1 and after an independent review of the record, it is hereby ORDERED
that:
1.

The Report and Recommendation is APPROVED and ADOPTED;

2.

The Petition for Writ of Habeas Corpus is DENIED with prejudice; and

3.

There is no probable cause to issue a certificate of appealability.
BY THE COURT:
/s/ Mitchell S. Goldberg
____________________________
MITCHELL S. GOLDBERG, J.

1
Petitioner did not file objections to the Report and Recommendation within the fourteen
days provided by Local Rule of Civil Procedure 72.1(IV)(a). The docket of this case and a
search of Pennsylvania inmate records indicate that although a copy of the Report and
Recommendation was sent to Petitioner’s last known address at SCI-Graterford, Petitioner was
paroled from custody in December 2017. Pursuant to Local Rule of Civil Procedure 5.1(b), a
pro se party “shall notify the Clerk within fourteen (14) days of any change of address.” As
Petitioner has had almost two years in which to notify the Court of his parole and new address,
and as he has not done so, his non-receipt of the Report and Recommendation will not excuse his
failure to timely file objections.