Opinion
CIVIL ACTION No. 16-4318
05-15-2018
LASHAWN SANDERS, Petitioner, v. SUPERINTENDENT LINK et al., Respondents.
ORDER
AND NOW, this 15th day of May, 2018, upon consideration of the Petition for Writ of Habeas Corpus filed by Petitioner Lashawn Sanders (Doc. No. 1), the Response thereto (Doc. No. 7), Petitioner's Reply (Docket No. 9), Magistrate Judge Elizabeth Hey's Report & Recommendation (Doc. No. 11), and Petitioner's Objection to the Report & Recommendation (Doc. No. 13), it is hereby ORDERED that:
1. The Petitioner's Objections (Doc. No. 13) are OVERRULED.
2. The Report & Recommendations are 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 Hey that Mr. Sanders's petition is untimely under 28 U.S.C. § 2244(d). See Report & Recommendation at 4. Further, the Court agrees with Magistrate Judge Hey that Mr. Sanders has not alleged facts sufficient to show that he is entitled to equitable tolling. See id. at 6. To the extent Mr. Sanders's objections go to the underlying merits of his case, the Court finds his arguments moot.
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 Hey 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