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Elias Nieves v. David A. Varano

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


September 17, 2012

ELIAS NIEVES,
PETITIONER
v.
DAVID A. VARANO, ET AL., RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 17th day of September, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 27), recommending that the Superintendent of the State Correctional Institution at Coal Township, David A. Varano, be substituted as the proper respondent and that the petition for writ of habeas corpus (Doc. 1) be denied, and, following an independent review of the record and noting that petitioner filed objections*fn1 to the report on September 6, 2012 (Doc. 28), 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*fn2 (Doc. 27), it is hereby ORDERED that:

1. The Report and Recommendation of Magistrate Judge Smyser (Doc. 27) are ADOPTED.

2. The Superintendent of the State Correctional Institution at Coal Township is substituted as the proper respondent.

3. The petition for writ of habeas corpus (Doc. 1) is DENIED

4. There is no basis for the issuance of a certificate of appealabilty. See 28 U.S.C. § 2253(c).*fn3

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

CHRISTOPHER C. CONNER United States District Judge


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