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Shay v. Gilmore

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Jan 16, 2020
Civil Action No. 19-213 (W.D. Pa. Jan. 16, 2020)

Opinion

Civil Action No. 19-213

01-16-2020

KEVIN R. SHAY, Petitioner, v. WARDEN GILMORE; THE DISTRICT ATTORNEY OF THE COUNTY OF ALLEGHENY; and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA Respondents.


District Judge David S. Cercone/Magistrate Judge Maureen P. Kelly MEMORANDUM ORDER

Kevin R. Shay ("Petitioner") filed a Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 (the "Petition") in this Court, seeking solely to attack the way his sentence was being credited.

The case was referred to Magistrate Judge Maureen Kelly in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Local Civil Rules 72.C and D.

Magistrate Judge Kelly's Report and Recommendation, ECF No. 43, filed on December 26, 2019, recommended that the Petition be dismissed as moot because, during the pendency of this Petition, the credit against his sentence, which Petitioner had sought in the Petition, was granted to him by the state court at the request of the Respondents. Petitioner was informed that he could file Objections to the Report by January 13, 2020. Petitioner has not filed any Objections as of the date of this Order.

Accordingly, IT IS HEREBY ORDERED this 16th day of January, 2020, after de novo review of the record and the Report and Recommendation, the Petition for Writ of Habeas Corpus is denied as moot. A certificate of appealability is likewise denied as jurists of reason would not find this disposition to be debatable. The Report and Recommendation is adopted as the opinion of the Court.

BY THE COURT:

/s/_________

DAVID S. CERCONE

UNITED STATES DISTRICT JUDGE cc: The Honorable Maureen Kelly

United States Magistrate Judge

KEVIN R. SHAY

LH1546

SCI Greene

169 Progress Dr.

Waynesburg, PA 15370

All Counsel of record via EM-ECF


Summaries of

Shay v. Gilmore

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Jan 16, 2020
Civil Action No. 19-213 (W.D. Pa. Jan. 16, 2020)
Case details for

Shay v. Gilmore

Case Details

Full title:KEVIN R. SHAY, Petitioner, v. WARDEN GILMORE; THE DISTRICT ATTORNEY OF THE…

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Date published: Jan 16, 2020

Citations

Civil Action No. 19-213 (W.D. Pa. Jan. 16, 2020)