FLYNN v. ACTING WARDEN OF ALLEGHENY COUNTY JAIL et al

Filing 21

ORDER adopting 20 Report and Recommendation as the opinion of this Court; 4 denying Petition for Writ of Habeas Corpus as moot; no certificate of appealability shall issue as Petitioner has not made a substantial showing of a denial of a Constitutional right; and, an appropriate Judgment follows. Signed by Judge Nora Barry Fischer on 3/6/2025. (lyk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KELSIE GENE FLYNN,
Petitioner,
v.
ACTING WARDEN OF THE ALLEGHENY
COUNTY JAIL, DISTRICT ATTORNEY OF
ALLEGHENY COUNTY,
Respondents.

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Civil Action No. 2:23-cv-1852
Judge Nora Barry Fischer
Magistrate Judge Patricia L. Dodge

MEMORANDUM ORDER
AND NOW, this 6th day of March, 2025, upon consideration of the Report and
Recommendation filed by United States Magistrate Judge Patricia L. Dodge on February 13, 2025,
(Docket No. 20), recommending that the § 2254 habeas petition filed by Petitioner Kelsie Gene
Flynn against the Acting Warden of Allegheny County Jail and District Attorney of Allegheny
County be dismissed, as moot, given that the Petitioner has been released from custody of the
Allegheny County Jail and extradited to West Virginia, and ordering that any objections be filed
within 14 days such that objections were due from non-ECF users like Plaintiff by March 3, 2025,
and no objections having been filed by the date of this Order, and upon independent review of the
record and de novo consideration of the Magistrate Judge’s Report and Recommendation of
February 13, 2025, (Docket No. 20), which is ADOPTED as the opinion of this Court,
IT IS HEREBY ORDERED that the Petition (Docket No. 4) is DENIED, as moot;

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IT IS FURTHER ORDERED that no certificate of appealability shall issue as Petitioner has
not made a substantial showing of a denial of a Constitutional right; and,
An appropriate Judgment follows.
s/Nora Barry Fischer
Nora Barry Fischer
Senior U.S. District Judge

cc/ecf: Magistrate Judge Patricia L. Dodge
cc:

KELSIE GENE FLYNN
199893
ALLEGHENY COUNTY JAIL
950 Second Avenue
Pittsburgh, PA 15219
(via first class mail)

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