Smith v. Superintendent of Sci Huntingdon

Full title: ERIC E. SMITH, Petitioner, v. SUPERINTENDENT OF SCI HUNTINGDON, et al.…

Court: United States District Court, E.D. Pennsylvania

Date published: Dec 3, 2009

CIVIL ACTION No. 08-2901 (E.D. Pa. Dec. 3, 2009)

Opinion

CIVIL ACTION No. 08-2901.

December 3, 2009

ORDER

EDUARDO ROBRENO, District Judge

AND NOW, this 3rd day of December 2009, upon consideration of the Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo (doc. no. 13) and Petitioner's objections thereto (doc. no. 15), it is hereby ORDERED as follows:

1. The Report and Recommendation is APPROVED and ADOPTED;

2. Petitioner's objections to the Report and Recommendation are OVERRULED;

3. The Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, (doc. no. 5) is DISMISSED. ¹

1 Petitioner has objected generally to the Magistrate's Report and Recommendation. The Court, having carefully reviewed the Magistrate's thoughtful and thorough recommendation, will overrule Petitioner's objections and adopt the Report and Recommendation. In summary, Petitioner's fifth, sixth and seventh claims were not properly exhausted in the state courts. Petitioners first, second, third and fourth claims do not warrant habeas relief based upon the required deference to the factual determinations of the state courts.

AND IT IS SO ORDERED.