No. 18-7117
Charles J. Mayberry v. Michael A. Dittman, Warden
Response WaivedIFP
Tags: civil-rights due-process equitable-tolling evidentiary-hearing extraordinary-circumstances habeas-corpus holland-v-florida mental-incompetency statute-of-limitations
Latest Conference:
2019-02-15
Question Presented (from Petition)
Whether the opinion of the Seventh Circuit Court of Appeals contravenes this Court's precedent in Holland v. Florida, 560 U.S. 631 (2010), by ruling that Mayberry was not only not entitled to equitable tolling of the statute of limitations for filing a motion pursuant to 28 U.S.C. 2254 but was not even entitled to an evidentiary hearing to establish that his mental incompetency justified equitable tolling.
Question Presented (AI Summary)
Whether the opinion of the Seventh Circuit Court of Appeals contravenes this Court's precedent in Holland v. Florida
Docket Entries
2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-10
Waiver of right of respondent Michael Dittman to respond filed.
2018-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2019)
Attorneys
Charles Mayberry
Robert Joseph Palmer — May Oberfell Lorber, Petitioner
Michael Dittman
Clayton Patrick Kawski — Respondent