Free USCA Order Denying Successive Habeas Petition - District Court of Delaware - Delaware

Case 1:07-mc-00036-UNA Document 1 Filed O2/26/2007 Page 1 of 1
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BLD-119 February 8, 2007
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
C.A. No. 07-1230 I
IN RE: ROBERT L. CARROLL, Petitioner l I r .
Present: MCKEE, FUENTES AND ROTH, CIRCUIT JUDGES `- ` `
Submitted is: ‘ _
1
(1) Petitioner’s application pursuant to 28 U.S.C. § 2244 to file a second
or successive habeas corpus petition
in the above—captioned case.
. Respectfully, .
Clerk
MMW/DPW/clc
ORDER
The foregoing application under 28 U.S.C. § 2244 for leave to tile a second or successive
habeas petition under 28 U.S.C. § 2254 is denied. Petitioner has not demonstrated that
his claims under § 2254 would have been permitted to proceed under the pre-AEDPA
standard. See United States v. Roberson, 194 F.3d 408, 412 (3d Cir. 1999). Therefore,
the gatekeeping provisions of AEDPA apply. The factual predicates for Petitioner’s
claims could have been discovered previously through the exercise of due diligence
and/or Petitioner fails to raise claims, if proven, that would establish by clear and
convincing evidence that, but for constitutional error, no reasonable factiinder would
have found him guilty of the underlying offenses. §g_e_ 28 U.S.C. § 2244(b)(2)(B)(i)-(ii).
By the Court,
/s/ Theodore A. McKee
» Circuit Judge
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Dated: February 26, 2007 xg?-·' Z ,_ ` ‘·f;’(w .
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lwc/cc: Mr. Robert L. Carroll ; ’ 7 j 2
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Marcia M. Waldron, Clerk