Hicks
v.
Ferguson

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIAAug 4, 2016
Civil Action No. 2: 15-cv-01606 (W.D. Pa. Aug. 4, 2016)

Civil Action No. 2: 15-cv-01606

08-04-2016

GLENN FRANKLIN HICKS, Plaintiff, v. TAMMY FERGUSON and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Defendants.

cc: GLENN FRANKLIN HICKS KC 7658 S.C.I. Benner Township 301 Institution Drive Bellefonte, PA 16823 (via U.S. First Class Mail) Cory J. Schuster Keaton Carr Office of the District Attorney of Allegheny County (via ECF electronic notification)


United States District Judge David S. Cercone REPORT AND RECOMMENDATION

I. RECOMMENDATION

For the reasons that follow, it is respectfully recommended that the Motion to Dismiss Petition for Writ of Habeas Corpus (ECF No. 15) be granted due to Petitioner's death during the pendency of this action.

II. REPORT

On December 8, 2015, Petitioner Glenn Franklin Hicks, a Pennsylvania state prisoner, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. The Petitioner asserts a challenge to his convictions entered in the Court of Common Pleas of Allegheny County at Criminal Case No. CP-02-CR-0006075-2009.

Respondents filed the instant Motion informing the Court that they were informed by Petitioner's former counsel that Petitioner expired on July 18, 2016 and that Respondents have further confirmed this information with the Records Department at SCI-Benner. See Exhibit 1 to Motion (ECF No. 15-1).

Based upon this information, the Court will take judicial notice of the fact that Petitioner, Glenn Franklin Hicks is, in fact, deceased. Pursuant to Federal Rule of Evidence 201, judicial notice may be taken of a fact that is "not subject to reasonable dispute because it: (1) is generally known within the trial court's territorial jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned." Fed.R.Evid. 201(b). The instant 28 U.S.C. § 2254 Petition does not survive his death. Keitel v. Mazurkiewicz, 729 F.3d 278, 280 (3d Cir. 2013). Consequently, the motion to dismiss should be granted and the Petition should be dismissed as moot due to Petitioner's death during pendency of this action.

II. CONCLUSION

For the foregoing reasons, it is respectfully recommended that the Motion to Dismiss (ECF No. 15) be granted and the Petition for Writ of Habeas Corpus be dismissed as moot due to Petitioner's death during pendency of this action and that this case be closed.

s/ Cynthia Reed Eddy


Cynthia Reed Eddy


United States Magistrate Judge Dated: August 4, 2016 cc: GLENN FRANKLIN HICKS


KC 7658


S.C.I. Benner Township


301 Institution Drive


Bellefonte, PA 16823


(via U.S. First Class Mail)

Cory J. Schuster


Keaton Carr


Office of the District Attorney of Allegheny County


(via ECF electronic notification)