BROOKER V. OBERLANDER, et al.

Filing 46

ORDERED THAT: 1. THE REPORT AND RECOMMENDATION (ECF NO. 38) IS APPROVED AND ADOPTED. 2. PETITIONERS PRE-DISPOSITION MOTION FOR APPOINTMENT OF COUNSEL, EXPANSION OF THE RECORD AND RULE 6 PRE-DISPOSITION DISCOVERY (ECF. NO. 2) IS DENIED; 3. PETITIONER S MOTION TO AMEND AND SUPPLEMENT INITIAL WRIT OF HABEAS CORPUS (ECF. NO. 37) IS GRANTED IN PART AND DENIED IN PART. THE MOTION TO AMEND AND SUPPLEMENT IS GRANTED TO THE EXTENT PETITIONER SEEKS TO AMEND AND SUPPLEMENT HIS PETITION FOR HABEAS CORPUS. T HE MOTION IS DENIED TO THE EXTENT THAT IT SEEKS DISCOVERY OR OTHER RELIEF ON THE CLAIMS RAISED THEREIN; 4. PETITIONERS PETITION FOR WRIT OF HABEAS CORPUS (ECF NO. 1) IS DENIED. 5. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. 6. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 7/29/2022. 7/29/2022 ENTERED AND COPIES E-MAILED. NOT MAILED TO PRO SE.(sg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________________
:
MIKECHEL BROOKER,
:
CIVIL ACTION
:
Petitioner,
:
:
v.
:
NO. 19-5569
:
DEREK F. OBERLANDER,
:
:
Respondent.
:
____________________________________________:
ORDER
AND NOW, this 29th day of July, 2022, upon careful consideration of Petitioner Mikechel
Brooker’s “Petition for Writ of Habeas Corpus” (ECF No. 1), Respondent’s response thereto (ECF
No. 10), Petitioner’s “Response and Motion to Amend and Supplement Initial Writ of Habeas
Corpus” (ECF No. 37), the Report and Recommendation of United States Magistrate Judge Marilyn
Heffley (ECF No. 38), and noting that Petitioner has failed to file timely objections to the Report
and Recommendation despite being given three extensions to do so (ECF Nos. 41, 43, 45), it is
hereby ORDERED that:
1. The Report and Recommendation (ECF No. 38) is APPROVED and ADOPTED.
2. Petitioner’s Pre-Disposition Motion for Appointment of Counsel, Expansion of the Record
and Rule 6 Pre-Disposition Discovery (ECF. No. 2) is DENIED;
3. Petitioner’s Motion to Amend and Supplement Initial Writ of Habeas Corpus (ECF. No. 37)
is GRANTED in part and DENIED in part. The Motion to Amend and Supplement is
GRANTED to the extent Petitioner seeks to amend and supplement his petition for habeas
corpus. The Motion is DENIED to the extent that it seeks discovery or other relief on the
claims raised therein;

4. Petitioner’s “Petition for Writ of Habeas Corpus” (ECF No. 1) is DENIED.
5. There is no basis for the issuance of a certificate of appealability.
6. The Clerk of Court shall mark this case CLOSED for statistical purposes.

BY THE COURT:
/s/ Mitchell S. Goldberg
Mitchell S. Goldberg, J.