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

Case 1:04-cv-00326-GMS

Document 42

Filed 02/03/2006

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APS-101

January 20, 2006

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 05-4339 JEROME B. REED VS. WARDEN THOMAS CARROLL, ET AL. (D. Del. Civ. No. 04-cv-00326)

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 on appeal

(2)

in the above captioned case. Respectfully,

Clerk
MMW/AJM/clw

ORDER The foregoing request for a certificate of appealability is denied under 28 U.S.C. § 2253(c)(2). For largely the reasons given by the District Court, we conclude that the Appellant fails to demonstrate that jurists of reason would find the District Court's conclusions that counsel was not ineffective debatable or wrong. See Slack v. McDaniel, 529 U.S. 473, 484 (2000); Strickland v. Washington, 466 U.S. 668, 693-94 (1984) (explaining that prejudice must be established). Jurists of reason would also find that the District Court's resolution of the Appellant's jury bias claim was not debatable or wrong. See Remmer v. United States, 347 U.S. 227, 229 (1954); United States v. Console, 13 F.3d 641, 665-66 (3d Cir. 1993). We also conclude that reasonable jurists would not debate whether the District Court's conclusion that Appellant's remaining claims are procedurally defaulted is correct. Appellant's motion for appointment of counsel on

Case 1:04-cv-00326-GMS

Document 42

Filed 02/03/2006

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appeal is denied. By the Court,

/s/ Dolores K. Sloviter Circuit Judge Dated: February 3, 2006 tyw/cc: Mr. Jerome B. Reed Elizabeth R. McFarlan, Esq.

A True Copy :

Marcia M . Waldron, Clerk

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