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Douglas P. Smith v. Pa State Attorney General and Warden Earl Reitz

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


December 1, 2011

DOUGLAS P. SMITH,
PETITIONER
v.
PA STATE ATTORNEY GENERAL AND WARDEN EARL REITZ, RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 1st day of December, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Malachy E. Mannion (Doc. 6), recommending that the Petition for Writ of Habeas Corpus (Doc. 1) be dismissed for failure to exhaust state court remedies, and, following an independent review of the record and noting that petitioner filed objections*fn1 to the Report and Recommendation on November 16, 2011 (Doc. 7), and the court finding Judge Mannion's analysis to be thorough and well-reasoned, and the court finding petitioner's objections to be without merit and squarely addressed by Judge Mannion's report, it is hereby ORDERED that:

1. The Report and Recommendation of Magistrate Judge Mannion (Doc. 6) are ADOPTED.

2. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED without prejudice in light of the fact that petitioner has failed to exhaust his state court remedies with respect to the claims which he now attempts to raise and because abstention is proper pursuant to the Younger doctrine.

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

CHRISTOPHER C. CONNER United States District Judge


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