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Alfonso Lewis v. David Varano et al

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


April 11, 2011

ALFONSO LEWIS, PETITIONER,
v.
DAVID VARANO ET AL., RESPONDENTS.

The opinion of the court was delivered by: Paul S. Diamond, J.

ORDER AND NOW, this 11th day of April, 2011, upon consideration of Petitioner's Petition and Amended Petition for Writ of Habeas Corpus (Doc. Nos. 1, 13), Respondents' Responses (Doc. Nos. 9, 14), Petitioner's Reply (Doc. No. 15), and related documents, and after reviewing the Magistrate Judge's Report and Recommendation (Doc. No. 17)-to which no objections have been filed, it is hereby ORDERED as follows:

1. The Report and Recommendation (Doc. No. 17) is APPROVED and ADOPTED;

2. The Petition for Writ of Habeas Corpus (Doc. No. 1) and the Amended Petition (Doc. No. 13) are DENIED and DISMISSED without an evidentiary hearing;

3. There is no probable cause to issue a certificate of appealability; and

4. THE WARDEN OF THE STATE CORRECTIONAL INSTITUTION AT COAL TOWNSHIP, PENNSYLVANIA, SHALL ENSURE THAT PETITIONER RECEIVES A COPY OF THIS ORDER.

IT IS SO ORDERED.

Paul S. Diamond

20110411

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