Free USCA Order Terminating Appeal - District Court of Delaware - Delaware

Case 1:04-cv-01440-SLR

Document 29

Filed 10/04/2006

Page 1 of 1

DPS-341

September 21, 2006

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 05-5518 WILLIE C. LAND v. ATTORNEY GENERAL OF THE STATE OF DELAWARE; WARDEN THOMAS L. CARROLL (D. Del Civ. No. 04-cv-01440) Present: FUENTES, VAN ANTWERPEN AND CHAGARES, CIRCUIT JUDGES Submitted is Appellant's request for a certificate of appealability under 28 U.S.C. § 2253(c)(1) in the above-captioned case. Respectfully, Clerk MMW/TJS/slc ORDER The foregoing request for a certificate of appealability is denied. Appellant has not shown that "jurists of reason would find it debatable whether the district court was correct" in ruling that Appellant's petition filed pursuant to 28 U.S.C. § 2254 was untimely filed under section 2244(d)(1), that statutory tolling under section 2244(d)(2) was to no avail, and that Land had not shown that he was prevented in some extraordinary way from timely filing his habeas petition as to justify equitable tolling of the limitations period. See Slack v. McDaniel, 529 U.S. 473, 484 (2000) (standard for certificate of appealability); 28 U.S.C. § 2244(d)(2) (statutory tolling); Johnson v. Hendricks, 314 F.3d 159, 162 (3d Cir. 2002) (equitable tolling).

By the Court, /s/ Franklin S. Van Antwerpen Circuit Judge

A True Copy :

Dated: October 4, 2006 SLC/cc: Mr. Willie C. Land Marcia M . Waldron, Clerk Thomas E. Brown, Esq.