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

Case 1:04-cv-00150-KAJ

Document 93

Filed 06/15/2005

Page 1 of 2

APS-255

May 26, 2005

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 04-4535 VINCENT GRAHAM VS. JOSEPH BROOKS, ET AL. (D. Del. Civ. No. 04-cv-00150) Present: SLOVITER, NYGAARD and FUENTES, Circuit Judges Submitted are: (1) Appellant's notice of appeal, which may be construed as a request for a certificate of probable cause; and By the Clerk is the within appeal for possible summary action pursuant to 3rd Circuit Local Appellate Rule 27.4 and Chapter 10.6 of the Court's Internal Operating Procedures in the above-captioned case. Respectfully,

(2)

Clerk MMW/JJT/je/lwc ORDER The foregoing request for a certificate of appealability is denied. Appellant has failed to demonstrate that jurists of reason would find debatable the District Court's dismissal without prejudice of Appellant's habeas corpus petition. See Miller-El v. Cockrell, 537 U.S. 322, 337-38 (2003). Accordingly, Appellant has failed to make a substantial showing of the denial of a constitutional right. See Slack v. McDaniel, 529 U.S. 473, 484 (2000); 28 U.S.C. § 2253(c)(2). By the Court, /s/ Richard L. Nygaard Circuit Judge
A True Copy :

Dated:

June 15, 2005
Marcia M . Waldron, Clerk

Case 1:04-cv-00150-KAJ

Document 93

Filed 06/15/2005

Page 2 of 2

lwc/cc:

Mr. Vincent Graham Thomas E. Brown, Esq.

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