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Johnson v. Varano

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


February 4, 2010

MICHAEL JOHNSON, PETITIONER,
v.
DAVID A. VARANO, ET AL., RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 4th day of February, 2010, upon consideration of the report of the magistrate judge (Doc. 9) recommending that the petition (Doc. 1) for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, be dismissed because petitioner failed to adequately exhaust his state remedies, and because petitioner's claims are without merit, and, following an independent review of the record, it appearing that petitioner has not presented his claims for state administrative review or to the state courts, and that petitioner's challenge to the discretionary determinations of the Pennsylvania Parole Board is meritless,*fn1 and it further appearing that neither party has objected to the magistrate judge's report and recommendation,*fn2 and that there is no clear error on the face of the record,*fn3 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 9) is ADOPTED.

2. The petition (Doc. 1) for habeas corpus is DISMISSED.

3. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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