Case 1:04-cv-01239-SLR
Document 23
Filed 12/30/2005
Page 1 of 1
APS-70 December 8, 2005 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 05-4647 MICHAEL ELAM VS. WARDEN THOMAS CARROLL (D. Del. Civ. No. 04-cv-01239)
Present:
SLOVITER, MCKEE AND FISHER, 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/SXR/mc/lwc ORDER The foregoing request for a certificate of appealability is denied under 28 U.S.C. § 2253(c)(2). Appellant has not shown that jurists of reason would debate whether the District Court was correct in dismissing his petition as untimely. See Slack v. McDaniel, 529 U.S. 474, 484 (2000). By the Court,
A True Copy :
/s/ Dolores K. Sloviter Circuit Judge
Dated: 30 M . Waldron, Clerk December 2005 Marcia AWI/CC: ME ERM