No. 18-7117

Charles J. Mayberry v. Michael A. Dittman, Warden

Lower Court: Seventh Circuit
Docketed: 2018-12-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process equitable-tolling evidentiary-hearing extraordinary-circumstances habeas-corpus holland-v-florida mental-incompetency statute-of-limitations
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the opinion of the Seventh Circuit Court of Appeals contravenes this Court's precedent in Holland v. Florida

Question Presented (OCR Extract)

QUESTION PRESENTED 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.

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 PalmerMay Oberfell Lorber, Petitioner
Michael Dittman
Clayton Patrick Kawski — Respondent