Free Order - District Court of Delaware - Delaware

Case 1:06-mc-00196-UNA Document 1 Filed 10/17/2006 Page 1 of 1 ~~·
APS-338 September 21, 2006
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
C.A. No. 06-3821
IN RE: FREDERICK W. SMITH
Present: SLOVITER, McKEE and FISHER, CIRCUIT JUDGES
Submitted are:
(I) Petitioner’s application pursuant to 28 U.S.C. § 2244 to file a second
or successive habeas corpus petition; and
(2) Respondent’s response in the above-captioned case.
Respectfully,
MF",
Clerk
MMW/DNH/zm/slc
O R D E R
The foregoing application to file a second or successive habeas corpus petition is
denied. Petitioner has not demonstrated that the claim he proposes to raise relies upon "a
new rule of constitutional law" or a "factual predicate . . . [that] could not have been
discovered previously througlgtheyegcpercise of due diligence? 28 U.S.C. § 2244(b)(2).
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A True 53,,%;- ..... ·;gZ>° /s/ D. Michael Fisher
77 Vl";fé/ Circuit Judge
Dated: October 13, 2006 I i
SLC/cc: Mr. Frederick Wlgihitli, llfldr°n` Clark _;
C. Loren Meyers, Esq. ‘·
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