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

Case 1:07-mc-00040-UNA Document 1 Filed O3/O1/2007 Page 1 of 1
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ALD-127 February 16, 2007
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
C.A. N0. 06-5157
IN RE; THOMAS A. MORGAN
Present: SLOVITER, CHAGARES AND NYGAARD, CIRCUIT IUDGES
Submitted are:
1) Petitioner’s Application pursuant to 28 U.S.C. § 2244 to Hle a
second or successive habeas corpus petition; and
2) Respondent’s Response
in the above—captioned case.
Respectfully,
Clerk
MMW/EMC/kb/lwc
ORDER
The foregoing application to file a second or successive habeas corpus petition is denied.
Because Morgan has not shown that his proposed petition would have been considered
under the pre-AEDPA standard, our application of AEDPA’s gatekeeping provisions has
no impermissible retroactive effect. gz; In Re Minarik, 166 F3d 591, 602 (3d Cir. 1999);
McCleskey v. Zant, 499 U.S. 467, 489 (1991). Morgan makes no showing that any claim
in his application rests on a new rule of constitutional law made retroactive to cases on
collateral review by the Supreme Court, or on newly discovered evidence sufficient to
establish by clear and convincing evidence that no reasonable fact finder would have
found him guilty. 28 U.S.C. §§ 2244(b)(2) & (b)(3)(C). M 0,.,
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By the Court, ”%
/s/ Richard L. N aard if . _=_:£,
Circuit Judge `Qxf f- , 3%:9:
Dated: March 1, 2007 A True cdpyyllgi. eggs?
lwc/cc: Thomas A. Morgan Office of the Attorney Genera%?fDe>lai>va%:
Marcia M. Waldron, Clerk