Collins v. Oberlander

Full title: RICHARD ALLEN COLLINS v. D. B. OBERLANDER, et al.

Court: United States District Court, E.D. Pennsylvania

Date published: Feb 27, 2023

Civil Action 19-4905 (E.D. Pa. Feb. 27, 2023)

Opinion

Civil Action 19-4905

02-27-2023

RICHARD ALLEN COLLINS v. D. B. OBERLANDER, et al.

KEAREY, J.

ORDER

KEAREY, J.

AND NOW, this 27^th day of February 2023, upon careful and independent consideration of the Petition for a writ of habeas corpus (ECF Doc. No. 2), Petitioner's Supplemental Brief (ECF Doc. No. 23), the Response to the Petition (ECF Doc. No. 32), Petitioner's Reply (ECF Doc. No. 33), Judge Strawbridge's Report and Recommendation (ECF Doc. No. 34), Petitioner's Objections (ECF Doc. No. 37), the parties' responses (ECF Doc. Nos. 39, 40) to our January 19, 2023 Order asking the parties to show cause as to whether Petitioner exhausted his Sixth Amendment autonomy claim (ECF Doc. No. 38), and for reasons in the accompanying Memorandum, it is ORDERED:

1. We APPROVE and ADOPT Judge Strawbridge's Report and Recommendation (ECF Doc. No. 34) but differ in part on the reasoning as to the exhaustion and autonomy issues;

2. We OVERRULE Petitioner's Objections (ECF Doc. No. 37);

3. We DENY and DISMISS the Petition for a writ of habeas corpus (ECF Doc. No. 2) with prejudice;

4. We find no basis for an evidentiary hearing;

5. We DENY a certificate of appealability; and,

6. The Clerk of Court shall close this case.