IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JUSTIN M. HICKOX, No. 4:18-CV-00227

Petitioner, (Judge Brann)

v. (Magistrate Judge Mehalchick)

TAMMY FERGUSON and PA ATTORNEY GENERAL,

Respondents.

ORDER DECEMBER 20, 2019 Justin M. Hickox, a Pennsylvania state prisoner, filed this

petition seeking to vacate his convictions and sentence.1 In his petition, Hickox asserts that his plea counsel was ineffective for: (1) failing to develop an alibi defense; (2) failing to adequately prepare for trial; and (3) coercing Hickox into entering a guilty plea.2 In October 2019, Magistrate Judge Karoline Mehalchick issued a Report and Recommendation recommending that this Court deny the petition.3 Magistrate Judge Mehalchick recommends finding that two of Hickox’s counts are procedurally defaulted—and no exception permits this Court to consider the merits of those claims—

1 Doc. 1. 2

. and that one claim is without merit.4 Hickox filed timely objections to the Report and Recommendation.5

“If a party objects timely to a magistrate judge’s report and recommendation, the district court must ‘make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.’”6 Regardless of whether timely objections are made, district courts may accept, reject, or modify—in whole or in part—the magistrate judge’s findings or recommendations.7

Upon de novo review, the Court finds no error in Magistrate Judge Mehalchick’s conclusion that Hickox’s claims are procedurally defaulted or without merit. Consequently, IT IS HEREBY ORDERED that: 1. Magistrate Judge Karoline Mehalchick’s Report and Recommendation

(Doc. 26) is ADOPTED; 2. Hickox’s

petition (Doc. 1) is DENIED; 3. The Court declines to issue a certificate of appealability;8 and 4. The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

s/ Matthew W. Brann Matthew W. Brann United States District Judge

4

5 Doc. 27. 6 Equal Emp’t Opportunity Comm’n v. City of Long Branch,

(3d Cir. 2017) (quoting

(b)(1)). 7

(b)(1); Local Rule 72.31.