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

Case 1:04-cv-00132-KAJ

Document 32

Filed 01/18/2007

Page 1 of 1

CLD-85 December 21, 2006 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 06-3054 WILLIAM GREGORY SUMMERS v. WARDEN THOMAS L. CARROLL, ET AL. (Dist. Delaware Civil No. 04-cv-00132) Present: RENDELL, SMITH and COWEN, Circuit Judges. Submitted is appellant's notice of appeal, which may be construed as a request for a certificate of appealability under 28 U.S.C. § 2253(c)(1), in the above-captioned case. Respectfully, Clerk MMW/TRA/zm/crg ORDER The foregoing application for a certificate of appealability is denied because William Gregory Summers has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253. Reasonable jurists would not debate whether the District Court was correct in denying as without merit Summers' claim of ineffective assistance of trial counsel for failing to investigate two eyewitness and in denying as procedurally defaulted Summers' remaining claims of ineffective assistance of counsel as well as his claims of due process violations . See Miller-El v. Cockrell, 537 U.S. 322, 338 (2003) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)). By the Court,

/s/ Marjorie O. Rendell Circuit Judge Dated: tyw/crg/cc: January 18, 2007 Mr. William Gregory Summers Thomas E. Brown, Esq.

A True Copy :

Marcia M . Waldron, Clerk