WILKINS v. LANE et al

Filing 18

ORDER THAT THE REPORT AND RECOMMENDATION (ECF DOC. NO. 15)IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS (ECF DOC. NO. 1)IS DENIED WITH PREJUDICE AND DISMISSED WITHOUT AN EVIDENTIARY HEARING; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/18/17. 8/18/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DARNELL WILKINS

v.

CIVIL ACTION

NO. 16-5845

JAY LANE, et al.

ORDER
AND NOW, this 18th day of August 2017, upon independent consideration of the
November 10, 2016 Petition for Writ of Habeas Corpus (ECF Doc. No. 1), the July 7, 2017
Response (ECF Doc. No. 12), United States Magistrate Judge Henry S. Perkin's July 28, 2017
Report and Recommendation (ECF Doc. No. 15), it is ORDERED:
1.

Judge Perkin's Report and Recommendation (ECF Doc. No. 15) is APPROVED

and ADOPTED as the Petition is time-barred and we find no evidence of mental incompetence for
equitable tolling purposes or, even if he did adduce such evidence, this alleged mental
incompetence prevented him from timely pursuing his claims;
2.

The Petition for Writ of Habeas Corpus (ECF Doc. No. 1) is DENIED with

prejudice and DISMISSED without an evidentiary hearing;
3.

There is no probable cause to issue a certificate of appealability; and,

4.

The Clerk of Court shall CLOSE this case.