Concepcion v. Varano et al

Filing 59

ORDER: In accord with the accompanying Memorandum 58 ; 1) The r and r of MJ Mehalchick 54 is ADOPTED.2) The remaining grounds three and four in the federal habeas petition 1 are DENIED and DISMISSED WITH PREJUDICE.3) The court declines to issue a certificate of appealability as such would be frivolous and without merit because Concepcion has failed to demonstrate a substantial showing of a denial of a constitutional right.4) The clerk of court shall close this case. Signed by Honorable Sylvia H. Rambo on 11/30/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JUAN CONCEPCION,
Petitioner,
v.
DAVID VARANO,
Respondent.

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Civil No. 1:11-cv-2225

Judge Sylvia H. Rambo

ORDER
AND NOW, this 30th day of November, 2017, IT IS HEREBY
ORDERED as follows:
1) The report and recommendation (Doc. 54) of the magistrate judge
is ADOPTED.
2) The remaining grounds three and four in the federal habeas petition
(Doc. 1) are DENIED and DISMISSED WITH PREJUDICE.
3) The court declines to issue a certificate of appealability as such
would be frivolous and without merit because Concepcion has
failed to demonstrate a substantial showing of a denial of a
constitutional right.
4) The clerk of court shall close this case.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge