United States District Court, W.D. Pennsylvania
December 20, 2005.
MATTHEW SMITH, Petitioner,
SUPT. DAVID DIGUGLIELMO, et al., Respondents.
The opinion of the court was delivered by: GARY LANCASTER, District Judge
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
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
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.
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