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SMITH v. DIGUGLIELMO

United States District Court, W.D. Pennsylvania


December 20, 2005.

MATTHEW SMITH, Petitioner,
v.
SUPT. DAVID DIGUGLIELMO, et al., Respondents.

The opinion of the court was delivered by: GARY LANCASTER, District Judge

ORDER

AND NOW, this 20th day of December 2005, after a petition for a writ of habeas corpus was filed by the petitioner, Matthew Smith, and after a motion to dismiss was submitted by the respondents, and after the Report and Recommendation of the United States Magistrate Judge was issued, and the parties were granted ten days after being served with a copy to file written objections thereto, and upon consideration of the petitioner's response to the motion to dismiss, treated as objections, and after independent review of the petition and the record, and upon consideration of the Report and Recommendation of the Magistrate Judge, which is adopted and incorporated as the opinion of this Court,

IT IS ORDERED that the respondents' motion to dismiss (Docket No. 6) is granted, and that the petition of Matthew Smith for a writ of habeas corpus is dismissed, and that a certificate of appealability is denied for lack of a viable federal constitutional issue.

  IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the F.R.App.P., if the petitioner desires to appeal from this Order, he must do so within thirty (30) days by filing a notice of appeal as provided by Rule 3 F.R.App.P.

20051220

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