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

Case 1:04-cv-01291-JJF

Document 22

Filed 05/08/2006

Page 1 of 1

HPS-51 (April 2006)

April 21, 2006

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 05-4963 HARRY JAMES SMITH vs. THOMAS L. CARROLL; ATTORNEY GENERAL OF THE STATE OF DELAWARE (D.C. DE. Civ. No. 04-cv-01291) 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), with memorandum in support, in the above-captioned case. Respectfully, Clerk MMW/BNB/cmh ___________________________________ORDER_____________________________ Appellant's request for a certificate of appealability is denied. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). For substantially the reasons set forth in the District Court's memorandum opinion, the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is time-barred under the applicable statute of limitations. 28 U.S.C. 2244(d)(1). We conclude that Appellant has failed to establish "extraordinary circumstances" warranting the equitable tolling of the limitations period. Miller v. New Jersey State Dep't of Corrections, 145 F.3d 616 (3d Cir. 1998). By the Court,

s/Weis United States Circuit Judge DATED: May 8, 2006 CMH/cc: HJS, TEB
A True Copy :

Marcia M . Waldron, Clerk