In re Pendleton, No. 12-3617; Third Circuit; per curiam opinion; filed October 3, 2013. Before Judges Rendell, Jordan and Greenaway Jr. On applications for leave to file a second or successive habeas petition pursuant to 28 U.S.C. § 2244(b) [No. 12-3617 related to W.D. Pa. No. 12-cv-00195, sat below: Judge Gibson, U.S.D.J., and Judge Pesto, U.S.M.J.; No. 12-3996 related to E.D. Pa. No. 12-cv-05672, sat below: Judge Ludwig; No. 13-1455 related to D.N.J. No. 06-cv-05952, Judge Ackerman.] DDS No. 10-8-1564 [9 pp.]
In Miller v. Alabama, the Supreme Court held that “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.’” Corey Grant, Franklin Baines and Michael Pendleton (collectively, petitioners), each of whom claims to be serving a mandatory sentence of life without the possibility of parole for offenses committed as juveniles, seek authorization to file successive habeas corpus petitions under 28 U.S.C. §§ 2254 (for Baines and Pendleton) and 2255 (for Grant) to raise Miller claims. Both Baines and Pendleton were convicted in state court in Pennsylvania, and Grant was convicted in federal court in New Jersey.
