Keefe v. Kirkegard
Filing
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 14 in full. COA DENIED Signed by Judge Brian Morris on 11/5/2018.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
STEVEN WAYNE KEEFE,
Plaintiff,
CV 17-15-GF-BMM-JTJ
vs.
LEROY KIRKEGARD
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS
Defendants.
Petitioner Steven Wayne Keefe filed a petition seeking a writ of habeas
corpus under 28 U.S.C. §2254 on January 1, 2017 (Doc. 1.) Keefe’s petition
challenges the constitutionality of the life sentence without parole imposed upon
him in 1986 when he was a juvenile offender. Specifically, Keefe alleges he was
not afforded individualized sentencing, taking into account the distinct attributes of
his youth. Keefe requested the Court issue an order requiring the State of Montana
to either resentence or release him. Id. at 37.
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On March 9, 2017, Keefe filed an Unopposed Motion to Stay (Doc. 4),
requesting the Court hold his habeas petition in abeyance while he attempted to
exhaust his state court remedies. Keefe’s request for a stay was granted. (Doc. 6.)
Since the imposition of the stay, the state district court granted Keefe’s petition for
post conviction relief and vacated his underlying sentence. A new sentencing
hearing was set for October 10, 2018 (Doc. 13 at 2.)
Judge Johnston issued Findings and Recommendations in this matter on
August 22, 2018. (Doc. 14.) Because Keefe was granted the relief he requested
pursuant to the 1986 judgment of conviction, and he was resentenced, Judge
Johnston determined that the pending petition should be dismissed as moot. Judge
Johnston reasoned that Keefe will not be precluded from potentially filing a federal
habeas petition challenging the new judgment. Id. at 2.
Judge Johnston further recommended that a certificate of appealability
should be denied because, by virtue of the grant of state postconviction relief and
October sentencing hearing, there is no doubt Keefe has received the relief
previously requested. Accordingly, his pending habeas petition is moot. There is
no basis to encourage further proceedings at this time.
The Court has reviewed Judge Johnston’s Findings and Recommendations
for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656
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F.2d 1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Johnston’s
Findings and Recommendations, and adopts them in full.
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 14), are ADOPTED IN FULL.
DATED this 5th day of November, 2018.
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