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

Case 1:04-cv-01424-JJF

Document 41

Filed 06/14/2006

Page 1 of 1

CPS-237 May 25, 2006 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 06-1212 ERIC WITHERSPOON, Appellant, v. STATE OF DELAWARE, et al., (D. Del. Civ. No. 04-cv-01424)

Present:

BARRY, SMITH AND NYGAARD, CIRCUIT JUDGES Submitted are: (1) (2) Appellant's notice of appeal, which may be construed as a request for a certificate of appealability under 28 U.S.C. § 2253(c)(1); and Appellant's motions (2) for appointment of counsel

in the above-captioned case. Respectfully, Clerk MMW/DPW/clc ORDER The foregoing request for a certificate of appealability is denied. Jurists of reason could not debate that the District Court properly denied Appellant's 28 U.S.C. § 2254 habeas petition as untimely filed. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Appellant has not made a showing sufficient to warrant equitable tolling. See Pace v. DiGuglielmo, 125 S. Ct. 1807 (2005). Appellant's motions for the appointment of counsel are denied. By the Court, /s/ D. Brooks Smith Circuit Judge Dated: June 14, 2006 CLC\cc: Mr. Eric Witherspoon Thomas E. Brown, Esq.
A True Copy :

Marcia M . Waldron, Clerk