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Mayer v. Lane

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
May 15, 2018
CIVIL ACTION NO. 17-2375 (E.D. Pa. May. 15, 2018)

Opinion

CIVIL ACTION NO. 17-2375

05-15-2018

JACK MAYER, Petitioner, v. JAY LANE, SUPERINTENDENT OF PENNSYLVANIA SCI FAYETTE, Respondent.


ORDER

AND NOW, this 15th day of May, 2018, upon consideration of the Petition for Writ of Habeas Corpus filed by Petitioner Jack Mayer (Doc. No. 1), the Response thereto (Doc. No. 9), Magistrate Judge Timothy Rice's Report & Recommendation (Doc. No. 10), and Petitioner's Affidavit and Amended Objections to the Report & Recommendation (Doc. Nos. 11 and 17), it is hereby ORDERED that:

1. The Petitioner's Amended Objections (Doc. No. 17) are OVERRULED.

2. The Report & Recommendation (Doc. No. 10) is APPROVED and ADOPTED.

3. The Petition for Writ of Habeas Corpus (Doc. No. 1) is DISMISSED with prejudice without an evidentiary hearing.

4. There is no probable cause to issue a certificate of appealability.
5. The Clerk of Court shall mark this case CLOSED for all purposes, including statistics.

The Court agrees with Magistrate Judge Rice that Mr. Mayer's petition is untimely under 28 U.S.C. § 2244(d). See Report & Recommendation at 2. Further, the Court agrees that Mr. Mayer has not alleged facts sufficient to show that he is entitled to equitable tolling. See id. at 2-4. Finally, the Court agrees that the circumstances of this case do not fit the narrow exception of Martinez v. Ryan, 566 U.S. 1 (2012). See Report & Recommendation at 4.

A certificate of appealability may issue only upon "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). A petitioner must "demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000); Lambert v. Blackwell, 387 F.3d 210, 230 (3d Cir. 2004). The Court agrees with Magistrate Judge Rice that there is no probable cause to issue such a certificate in this action. --------

BY THE COURT:

S/Gene E.K. Pratter

GENE E.K. PRATTER

UNITED STATES DISTRICT JUDGE


Summaries of

Mayer v. Lane

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
May 15, 2018
CIVIL ACTION NO. 17-2375 (E.D. Pa. May. 15, 2018)
Case details for

Mayer v. Lane

Case Details

Full title:JACK MAYER, Petitioner, v. JAY LANE, SUPERINTENDENT OF PENNSYLVANIA SCI…

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

Date published: May 15, 2018

Citations

CIVIL ACTION NO. 17-2375 (E.D. Pa. May. 15, 2018)