Free USCA Order Denying Successive Habeas Petition - District Court of Delaware - Delaware

Case1:07—mc-00127-UNA D0cument1 Filed 06/21/2007 Page10f2
OFFICE OF THE CLERK
MARCIA M. WALDRON UNITED STATES COURT OF APPEALS TELEPHONE
* " ICLERK FOR THE THIRD CIRCUIT 215-597-2995
21400 UNITED STATES COURTHOUSE
601 MARKET STREET
PHILADELPHIA 1 91 06-17 90
Delaware Clerk of District Court Date 06;l9g07
(District)
Tn Re: Andre Elliott C. of A. No. 07-2390
(Caption)
O *7 WIC /90
Andre Elliott
(Petitioner)
Enclosures:
06;l9;07 Certified copy of C. of A. Order by the Court/Clerk
(Date)
_Record
Released (Record) (Supplemental Record — First — Second — Third)
Copy of this form to acknowledge receipt and return to C. of A.
Record not released at this time until appeal (s) closed at No. (s)
Please forward Certified List in Lieu of Record to this office.
The certified copy of order issued as the mandate on
is recalled.
Tina Kogerna
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Case Manager

Case 1 :07-mc-00127-UNA Document 1 Filed 06/21 Page 2 of 2
DLD-260 June 7, 2007
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
C.A. No. 07-2390
C J
IN RE: ANDRE W. ELLIOTT, Petitioner O 7 m { 7
Present: BARRY, Al\/[BRO AND FISHER, CIRCUIT IUDGES
Submitted is:
(l) Petitioner’s application pursuant to 28 U.S.C. § 2244 to file a second
or successive habeas corpus petition
in the above—captioned case.
Respectfully,
Clerk C; n
MMW/DPW/tmk D.]
r;=J·*; »·¥
v
_________oRoER 3
G.;
The foregoing application under 28 U.S.C. § 2244 for leave to file a second or E wl?
successive habeas petition under 28 U.S.C. § 2254 is denied. The factual predicates for
Petitioner’s clairns could have been discovered previously through the exercise of due
diligence. E 28 U.S.C. § 2244(b)(2)(B)(i).
By the Court, l-
/s/ D. Jlhchaei Fisher ‘
Circuit Judge
Dated: June 19, 2007 g.
tmk/cc; Mr. AHdI€ W. Elliott f ` ‘
DA New Castle "