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

Case 1:07-mc-00045-UNA Document 1 Filed O3/O1/2007 Page 1 of 2
ALD-128 February 16, 2007
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
C.A. No. 06-5158
IN RE: BENJAMIN F. WHITEMAN, Petitioner
Present: SLOVITER, CHAGARES AND NYGAARD, CIRCUIT IUDGES p
Submitted are:
(1) Petitioner’s application for leave to file a second or successive petitidn
under 28 U.S.C. §2254; and
(2) Petitioner’s "Motion for Limited Waiver of Filing F ees," which is construed
as a motion to be relieved of the requirements of Third Circuit LAR 22.5 in
the above—captioned case.
Respectfully,
U. S. DISTRICT COURT ·· DE
cient '·"'$€· CASE #—- 5_T__
MMW/BNB/slc "
ORDER
The foregoing "Motion for Limited Waiver of Filing Fees" is treated as a motion for
exemption from compliance with the requirements of Third Circuit LAR 22.5 and, so
treated, is granted. The foregoing application tmder 28 U.S.C. § 2244 for leave to file a
second or successive petition under 28 U.S.C. § 2254 is denied. Petitioner has not
presented any newly discovered evidence and his claim does not involve a new rule of
constitutional law. E 28 U.S.C. § 2244(b)(2).
O\\uT 0I` App
Q, . ' ’ ' * ' • C4
"<»I`·.°. . ’. ··°,(mA
/;I,·`*;%l ·’ By the Court,
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· E fj;
“;(‘·__ U __.·,;¤>"’ /s/ Richard L. Nygaard
A T'“° C°*"’il};Z}I¤>**` Circuit Judge
Dated: March l, 2007 i M Waldron Clerk
SLC/cc: Mr. Benjamin FlVlWl1iteman ’
Loren C. Meyers, Esq.

Case 1:07-mc-00045-UNA Document 1 Filed O3/O1/2007 Page 2 of 2
-· OFFICE OF THE CLERK
‘MARCIA M. WALDRON UNITED STATES COURT OF APPEALS TELEPHONE
CLERK FOR THE THIRD CIRCUIT 215-597-2995
21400 UNITED STATES COURTHOUSE
601 MARKET STREET
PHILADELPHIA 1610-1790
Delaware Clerk of District Court Date March li 2007
(District),
In re: Whiteman C. of A. No. 06-5158
(Caption)
Banjamin F. Whiteman _ ;
(App€1i<¤¤*¤) S QISTRICT COURT- DE - ` · =
Reieceer re; 94-ev-0g;151 Ag _ MSE # · _ . `
(D. c. Ne. ) " ’
Enclosures:
March 1. 2007 Certified copy of C. of A. Order by the Court 1
(Date)
Returned
Copy of this form to acknowledge receipt and return to C. of A.
Record not released at this time until appeal(s) closed at No.(s)
Please forward Certified List in Lieu of Record to this office.
The certified copy of order issued as the mandate on
is recalled.
Shannon Craven (267)-299-4959
Deputy Clerk Telephone Number
Receipt Acknowledge:
(Name)

(Date)
Rev. 3/13/00
Appeals (Certified List in Lieu of Record)