Free Order - District Court of Delaware - Delaware

Case 1:07-cv—00540-SLR Document 8 Filed 12/13/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HARRY L. SAMUEL, )
Petitioner, g
v. ) Civ. No. 07-540-SLR
THOMAS CARROLL, Warden, g
and ATTORNEY GENERAL )
OF THE STATE OF )
DELAWARE, )
Respondents. g
O R D E R
At Wilmington this WI" day of December, 2007;
IT IS HEREBY ORDERED that:
1. Petitioner Harry L. Samuel’s application to proceed in forma pauperis is
provisionally GRANTED for the purposes of this order only. (D.I. 3.)
2. Petitioner Harry L. SamueI’s application for a writ of habeas corpus filed
pursuant to 28 U.S.C. § 2254 is DENIED as second or successive. (D.I. 2); E
Harry L. Samuel, C.A. No. 07-3661, Order (3d Cir. Dec. 4, 2007)(denying petitioner’s
application under 28 U.S.C. § 2244 for permission to file a second or successive
habeas petition)
3. Petitioner’s motion for an extension of time is DENIED as moot. (D.|. 5.)
4. 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. g United States v. Eyer, 113 F.3d 470 (3d Cir. 1997); 3rd Cir. LAR 22.2

Case 1:07-cv-00540-SLR Document 8 Filed 12/13/2007 Page 2 of 2
(2002).
5. Pursuant to Rule 4, 28 U.S.C. foll. § 2254, the clerk shall forthwith serve a
copy of this order upon: (1) the above-named Warden of the facility in which petitioner
is housed; and (2) the Attorney General for the State of Delaware.
6. The clerk shall also send a copy of this order to the petitioner at his address
on record.
United States éstrlct Court Judge
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