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MASON v. MEYERS

No. 98-7078.

208 F.3d 414 (2000)

Jerry MASON, Appellant, v. Robert W. MEYERS; Attorney General of Pennsylvania

United States Court of Appeals, Third Circuit.

Opinion Filed: March 20, 2000

Attorney(s) appearing for the Case

Robert L. Byer, David R. Fine (Argued), Kirkpatrick & Lockhart LLP, Harrisburg, PA, for Appellant.

Peter Paul Olszewski, Jr., District Attorney, Frank P. Barletta (Argued), Assistant District Attorney, Wilkes-Barre, PA, for Appellees.

Before: BECKER, Chief Judge, GARTH, Circuit Judge, and POLLAK, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge:

The first of the issues raised in appellant Jerry Mason's ("Mason") appeal—whether a state court's inordinate delay of four years in processing a petition for collateral relief under Pennsylvania's Post Conviction Relief Act, 42 Pa. Cons.Stat. §§ 9541 et seq. ("PCRA") constitutes a due process violation cognizable in a federal habeas corpus proceeding pursuant to 28 U.S.C. § 2254

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