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

Case 1:04-cv-00825-SLR

Document 30

Filed 11/09/2005

Page 1 of 1

APS-23 October 20, 2005 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 05-4071 ANDRA L. MANUEL VS. THOMAS L. CARROLL, ET AL. (D. Del. Civ. No. 04-cv-00825) Present: SLOVITER, MCKEE AND FISHER, CIRCUIT JUDGES Submitted are: (1) Appellant's request for a certificate of appealability under 28 U.S.C. § 2253(c)(1); and Appellant's motion for appointment of counsel

(2)

in the above-captioned case. Respectfully, Clerk MMW/SXR/mc/crg ORDER The foregoing request for a certificate of appealability is denied under 28 U.S.C. § 2253(c)(2). Because Appellant has failed to show that he was denied an opportunity for full and fair litigation of his Fourth Amendment claims in the state courts, his claims are not cognizable on federal habeas review. See Stone v. Powell, 428 U.S. 465, 494 (1976). In light of the disposition of Appellant's request for a certificate of appealability, the motion for appointment of counsel on appeal is denied.

By the Court, /s/ Dolores K. Sloviter Circuit Judge Dated: November 9, 2005 CRG/cc: Andra L. Manuel Gregory E. Smith, Esq.

A True Copy :

Marcia M . Waldron, Clerk