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Raphael Dwight Hundley v. Warden Monica Rectenwald

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


September 18, 2012

RAPHAEL DWIGHT HUNDLEY,
PETITIONER
v.
WARDEN MONICA RECTENWALD, RESPONDENT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 18th day of September, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Thomas M. Blewitt (Doc. 5), recommending that petitioner's second cause of action be dismissed without prejudice, and, following an independent review of the record and noting that petitioner filed objections*fn1 to the report on August 20, 2012 (Doc. 7), and the court finding Judge Blewitt's analysis to be thorough and well-reasoned, and the court finding petitioner's objections to be without merit and squarely addressed by Judge Blewitt's report (Doc. 5), it is hereby ORDERED that:

1. The Report and Recommendation of Magistrate Judge Blewitt (Doc. 5) are ADOPTED.

2. Petitioner's claims for medical negligence under the FTCA (Second Cause of Action) are DISMISSED without prejudice.

3. The above-captioned case is REMANDED to Magistrate Judge Blewitt for further proceedings and the directing of service of the habeas petition on respondent.

CHRISTOPHER C. CONNER United States District Judge


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