Free Order - District Court of Delaware - Delaware

Case 1:08—cv—00214-JJF Document 3 Filed 05/12/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PETE ANDERSON, :
Petitioner, E
v. E Civil Action No. 08-214-JJF
PERRY PHELPS, Warden, i
and ATTORNEY GENERAL :
OF THE STATE OF :
DELAWARE, :
Respondents. i
O R D E R
IT IS HEREBY ORDERED that:
1. Petitioner Pete Anderson’s Application For A Writ
Of Habeas Corpus Filed Pursuant To 28 U.S.C. 2254 is
DISMISSED and the writ is DENIED as second or successive.
(D.I. 1.) The instant Application is Petitioner's fourth
habeas challenge to his 1992 conviction. See Anderson v.
Carroll, Civ. A. No. 05-847—JJF, Order (D. Del. Jan. 31,
2006). The record reveals that Petitioner has filed the
instant Application without first obtaining permission from
the Court of Appeals for the Third Circuit. See 28 U.S.C. §
2244(b)(1). Therefore, the Court does not have jurisdiction
to review the Application. See 28 U.S.C. § 2244(b)(1);
Robinson v. Johnson, 313 F.3d 128, 139 (3d Cir.
2002)(holding that when a second or successive habeas

Case1:08—cv-00214-JJF D0cument3 Filed 05/12/2008 Page20f2
petition is erroneously filed “in a district court without
the permission of the court of appeals, the district court’s
only option is to dismiss the petition or transfer it to the
court of appeals pursuant to 28 U.S.C. § 1631.").
2. Petitioner has failed to make a “substantial
showing of the denial of a constitutional right," 28 U.S.C.
§ 2253(c)(2), and a certificate of appealability is not
warranted. See United States v. Eyer, 113 F.3d 470 (3d Cir.
1997); 3rd Cir. Local Appellate Rule 22.2.
3. Pursuant to Rule 4, 28 U.S.C. foll. § 2254, the
Clerk shall forthwith serve a copy of the Application and
this Order upon: (1) the above—named Warden of the facility
in which Petitioner is housed; and (2) the Attorney General
of the State of Delaware.
4. The Clerk shall also send a copy of this Order to
the Petitioner at his address on record.
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D E TED S ES DISTRI JUDGE
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Case 1:08-cv-00214-JJF

Document 3

Filed 05/12/2008

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Case 1:08-cv-00214-JJF

Document 3

Filed 05/12/2008

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