Hernandez v. Martinez

Filing 8

ORDER - IT IS ORDERED that 1)Petnr's objections to the R&R are OVERRULED. 2)The R&R of MJ Smyser is ADOPTED. 3)Petnr's petn for writ is DISMISSED. 4)The Clerk of Court is directed to CLOSE this file. 5 Signed by Chief Judge Yvette Kane on Nov. 12, 2008. (sc)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ALEJANDRO DEJESUS HERNANDEZ, Petitioner v. WARDEN, LSCI ALLENWOOD, Respondent : : : : : : : : :

Civil Action No. 1:08-cv-00840 (Chief Judge Kane)

ORDER AND NOW, on this 12th day of November, 2008, having given due consideration to the report and recommendation of Magistrate Judge Smyser (Doc. No. 5) and finding Petitioner Alejandro DeJesus Hernandez's objections thereto (Doc. No. 6), which essentially reiterate the arguments advanced in his petition (Doc. No. 1 at 2­7), to be without merit, IT IS HEREBY ORDERED THAT: 1. Petitioner Alejandro DeJesus Hernandez's objections (Doc. No. 6) to the report and recommendation of Magistrate Judge Smyser are OVERRULED. The report and recommendation of Magistrate Judge Smyser (Doc. No. 5) is ADOPTED. Petitioner Alejandro DeJesus Hernandez's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. No. 1) is DISMISSED. The Clerk of Court is directed to CLOSE the file for the above-captioned case. s/ Yvette Kane Yvette Kane, Chief Judge United States District Court Middle District of Pennsylvania

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