SHAW v. COMMONWEATH OF PA et al

Filing 22

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED AS MOOT; AND THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 4/11/17. 4/12/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd,)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SCOTT SHAW
v.
COMMONWEALTH OF PA, et al.

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CIVIL ACTION
No. 13-2909

ORDER
AND NOW, this 11th day of April, 2017, upon careful and independent consideration of
Petitioner Scott Shaw’s pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254,
and after de novo review of the Report and Recommendation of United States Magistrate Judge
Carol Sandra Moore Wells, to which no objections have been filed,1 it is ORDERED:
•

The Report and Recommendation (Document 20) is APPROVED and ADOPTED;

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Shaw’s Petition for Writ of Habeas Corpus (Document 1) is DISMISSED as moot 2;
and

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The Clerk of Court is directed to mark this case CLOSED.

1

The Report and Recommendation was sent to all parties of record on March 17, 2017, together
with a Notice from the Clerk of Court advising the parties of their obligation to file any
objections within 14 days after service of the Notice. See Local R. Civ. P. 72.1 IV(b) (“Any
party may object to a magistrate judge’s proposed findings, recommendations or report under 28
U.S.C. § 636(b)(1)(B), and subsections 1(c) and (d) of this Rule within fourteen (14) days after
being served with a copy thereof.”). As of today’s date, no objections have been filed.
2

In his habeas petition, Shaw seeks relief from his sentence of mandatory life imprisonment
without parole based on Miller v. Alabama, 132 S. Ct. 2455, 2460 (2012), in which the Supreme
Court held a sentence of “mandatory life without parole for those under the age of 18 at the time
of their crimes violates the Eighth Amendment’s prohibition on ‘cruel and unusual
punishments.’” In addition to filing the instant federal habeas petition, Shaw also sought relief
based on Miller in state court by filing a petition pursuant to the Pennsylvania Post Conviction
Relief Act (PCRA). In October 2016, the state court granted Shaw’s PCRA petition and
resentenced him to a term of 35 years to life. Because the state court has already granted Shaw
relief from his mandatory life without parole sentence based on Miller—the same relief he seeks
from this Court—his federal habeas petition is moot.

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, J.

2

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