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

Case 1:04-cv-01365-SLR

Document 20

Filed 05/08/2006

Page 1 of 1

HPS-55 (April 2006)

April 21, 2006

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 05-5262 LESTER J. HICKMAN vs. WARDEN THOMAS L. CARROLL; ET AL. (D. Del. Civ. No. 04-cv-01365) Present: SCIRICA, CHIEF JUDGE, WEIS and GARTH, 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 ORDER The foregoing request for a certificate of appealability is denied. Jurists of reason would not find it debatable whether the District Court erred in dismissing Appellant's habeas corpus petition filed pursuant to 28 U.S.C. § 2254 as time-barred. See Slack v. McDaniel, 529 U.S. 473, 484 (2000); 28 U.S.C. § 2244(d)(1). As the District Court explained, Appellant is not entitled to statutory tolling and has not demonstrated the existence of "extraordinary circumstances" warranting equitable tolling. See Fahy v. Horn, 240 F.3d 239, 244 (3d Cir. 2001); Jones v. Morton, 195 F.3d 153, 159 (3d Cir. 1999). By the Court, s/Weis United States Circuit Judge

A True Copy :

Dated: 8 May 2006
Marcia M . Waldron, Clerk