Case 1:04-cv-01424-JJF D0cumTt 28 Filed 12/06/2005 Page 1 of 1
IN THE UNITED SiATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ERIC WITHERSPOON, z
Petitioner, ;
v. ; Civil Action No. 04-1424-JJF
LOIS RUSSO, E
Superintendent/Warden, :
and M. JANE BRADY, :
Attorney General :
of the State of :
Delaware, :
Respondents. V
O R D E R
At Wilmington, this _éd_ day of December, 2005, for the
reasons set forth in the Memorandum Opinion issued this date;
IT IS HEREBY ORDERED that;
1. Petitioner Eric Witherspoon’s Application For A Writ Of
Habeas Corpus Pursuant To 28 U.S.C. § 2254 (D.I. 1; D.I. 6) is
DISMISSED, and the relief requested therein is DENIED.
2. Petitioner's Motion for an Extension of Time to File a
Reply (D.I. 18) is DENIED as moot.
3. Petitioner’s Motion for Appointment of Counsel (D.I. 20)
is DENIED as moot.
4. The Court declines to issue a certificate of
appealability, because Petitioner has failed to satisfy the
standards set forth in 28 U.S.C. § 2253(c)(2).
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