Concepcion v. Varano et al
| Juan Concepcion |
| David Varano and Pennsylvania State Attorney General |
| 1:2011cv02225 |
| November 30, 2011 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Northumberland |
| Sylvia H. Rambo |
| J. Andrew Smyser |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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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)
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Filing
49
ORDER: In accord with the Memorandum 48 filed this date; 1. The R & R of the magistrate judge 44 is ADOPTED;2. Concepcions first (Sixth Amendment speedy trial claim), second(constitutional excessive sentence claim), and fifth through seventh(inef fective assistance claims) grounds for relief each is DENIED asprocedurally defaulted;3. Concepcions third (constitutional double jeopardy claim) and fourth (venueclaim) grounds for relief shall proceed on the merits;4. This case is remanded for further proceedings with respect to Concepcionsclaims that have been properly exhausted. Signed by Honorable Sylvia H. Rambo on 6/14/16. (ma)
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