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Leroy Josey v. Jon Fisher

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


December 7, 2011

LEROY JOSEY,
PETITIONER
v.
JON FISHER, ET AL., RESPONDENTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

Judge Conner

ORDER

AND NOW, this 7th day of December, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 6), recommending that petitioner's motion to amend (Doc. 5) be denied and the writ of habeas corpus (Doc. 1) be dismissed without prejudice, and, following an independent review of the record and noting that petitioner filed objections*fn1 to the Report and Recommendation on November 25, 2011 (Doc. 8), and the court finding Judge Smyser's analysis to be thorough and well-reasoned, and the court finding petitioner's objections to be without merit and squarely addressed by Judge Smyser's report, it is hereby ORDERED that:

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

2. Petitioner's motion to amend (Doc. 5) is DENIED.

3. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED without prejudice to petitioner asserting his claims in a 42 U.S.C. § 1983 action.

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

Christopher C. Conner


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