EARP v. WETZEL et al

Filing 18

ORDER THAT MR. EARP'S PETITION IS CONDITIONALLY GRANTED REQUIRING THE COMMONWEALTH RELEASE MR. EARP FROM CUSTODY UNLESS HE IS RESENTENCED ON OR BEFORE JULY 28, 2017 SUBJECT TO THE PARTIES' AGREEING TO EXTEND THIS DEADLINE OR UPON A SHOWING OF GOOD CAUSE FOR FURTHER DELAY UNRELATED TO ARGUMENTS ALREADY PRESENTED AND DENIED BY US. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/23/17. 1/23/17 ENTERED AND COPIES EMAILED TO COUNSEL AND COPY TO LEGAL.(jaa, )

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

ALAN EARP,

CIVIL ACTION
Petitioner,

v.

No. 13-7023

JOHN E. WETZEL, et al
Respondents.
ORDER
AND NOW, this 23rd day of January 2017, upon consideration of Mr. Earp's Petition

under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (ECF Doc. No. 2), the response (ECF Doc.
No. 16), and for reasons in the accompanying Memorandum, it is ORDERED Mr. Earp's
Petition (ECF Doc. No. 2) is conditionally GRANTED requiring the Commonwealth release Mr.
Earp from custody unless he is resentenced on or before July 28, 2017 subject to the parties'
agreeing to extend this deadline or upon a showing of good cause for further delay unrelated to
arguments already presented and denied by us. 1

1

Mr. Earp must be resentenced under Montgomery v. Louisiana, 577 U.S. _, 136 S.Ct. 718
(2016) and Miller v. Alabama, 567 U.S._, 132 S.Ct. 2455 (2012). See Songster v. Bread, ---F.
Supp. 3d---, No. 04-5916, 2016 WL 4379233 (E.D. Pa. August 17, 2016).