ALLEN v. COMMONWEALTH OF PENNSYLVANIA

Filing 24

ORDER indicating that for the reasons set forth in the accompanying memorandum opinion 23 , the Petition for Writ of Habeas Corpus filed by petitioner, Brice H. Allen, is denied; that a Certificate of Appealability is denied; that the Report and R ecommendation 15 is adopted as the opinion of the court; that the Clerk of Court mark this case closed; that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Judge Nora Barry Fischer on 1/9/18. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BRICE H. ALLEN,
Petitioner,
v.
JAMES ECKARD, Superintendent, and
JOHN W. PECK, District Attorney of
Westmoreland County,
Respondents.

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Civil Action No. 2: 15-cv-0317
United States District Judge
Nora Barry Fischer

ORDER
AND NOW, this 9th day of January, 2018, it is hereby ORDERED, AJUDGED AND
DECREED that for the reasons set forth in the accompanying memorandum opinion, the
Petition for Writ of Habeas Corpus filed by petitioner, Brice H. Allen, is DENIED.
IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation [ECF No. 15] is
ADOPTED as the opinion of the court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules
of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.
BY THE COURT:
s/ Nora Barry Fischer
Nora Barry Fischer
United States District Judge

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cc:

BRICE H. ALLEN
HK-0223
SCI Huntingdon
1100 Pike Street
Huntingdon, PA 16654
(via U.S. First Class Mail)
James T. Lazar
Westmoreland County District Attorney’s Office
(via ECF electronic notification)

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