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Carl T. Stewart, Jr v. David A. Varano

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


August 24, 2012

CARL T. STEWART, JR., PETITIONER,
v.
DAVID A. VARANO, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW , this 24th day of August 2012, after careful and independent review of the Report and Recommendation of Magistrate Judge Timothy R. Rice (Doc. No. 17), Petitioner's Objections (Doc. No. 20), and the submissions of the parties, it is hereby ORDERED that:

1. Petitioner's Objections are OVERRULED *fn1 and the Report and Recommendation is APPROVED AND ADOPTED ;

2. The Petition for a Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE ; *fn2 and

3. There is no basis for the issuance of a certificate of appealability.

It is so ORDERED.

BY THE COURT:

Cynthia M. Rufe


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