FLICK v. GIROUX et al

Filing 39

MEMORANDUM ORDER - it is hereby Ordered that the Report and Recommendation of the Magistrate Judge (ECF No. 38 ) is adopted as the Opinion of the Court. It is further Ordered that the Petition for Writ of Habeas Corpus (ECF No. 1 ) and Supplement thereto (ECF No. 8 ) is denied. It is further Ordered that a Certificate of Appealability is denied. 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, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 3/16/2018. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JASON RAY FLICK,
Petitioner,

v.
NANCY GIROUX, ATTORNEY
GENERAL OF THE STATE OF
PENNSYLVANIA, and DISTRICT
ATTORNEY OF SOMERSET
COUNTY,
Respondents.

)
)
)
)
)
)
)
)
)

Civil Action No. 15 - 80J
District Judge Kim R. Gibson
Magistrate Judge Lisa Pupo Lenihan

)
)
)

MEMORANDUM ORDER
Before the Court is a Petition for Writ of Habeas Corpus filed by Petitioner Jason Ray
Flick ("Petitioner") pursuant to 28 U.S.C. § 2254, challenging his seventeen (17) to thirty-five
(35) year judgment of sentence entered on June 3, 2010 by the Somerset County Court of
Common Pleas. His Petition was filed on March 25, 2015, and he filed a Supplement to that
Petition on June 24, 2015. In accordance with the Magistrate Judge's Act, 28 U.S.C. §
636(b)(l), and Rules 72.C and 72.D of the Local Rules of Court, all pretrial matters were
referred to United States Magistrate Judge Lisa Pupo Lenihan.
On February 26, 2018, the Magistrate Judge issued a Report and Recommendation
recommending that Petitioner's Petition for Writ of Habeas Corpus and Supplement to that
Petition be denied and that a Certificate of Appealability also be denied. (ECF No. 38.)
Petitioner was served with the Report and Recommendation and informed that the deadline to
file written objections was March 15, 2018. As of today, no objections have been filed.

Therefore, upon careful de nova review of the Petition for Writ of Habeas Corpus and its
Supplement, and the Magistrate Judge's Report and Recommendation, the following Order is
entered.
AND NOW, this

f day of March, 2018;
h

\0

IT IS HEREBY ORDERED that the Report and Recommendation of the Magistrate

Judge (ECF No. 38) is adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 1)

and Supplement thereto (ECF No. 8) is denied.
IT IS FURTHER ORDERED that a Certificate of Appealability is denied.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) 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.

Kim R. Gibson
United States District Judge
cc:

Jason Ray Flick
JT-4062
SCI Albion
10745 Route 18
Albion, PA 16475
Counsel of record
(Via CM/ECF electronic mail)

2