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

Case 1:06-cv-00337-JJF

Document 19

Filed 05/17/2007

Page 1 of 1

DLD-210 April 26, 2007 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 06-4917 MARK A. SPRUANCE v. THOMAS L. CARROLL, et al. (D. Del. Civ. No. 06-cv-00337) Present: BARRY, AMBRO and FISHER, Circuit Judges Submitted are: (1) Appellant's request for a certificate of appealability under 28 U.S.C. § 2253(c)(1); and Appellant's memorandum in support in the above-captioned case. Respectfully, Clerk MMW/SR/slc ORDER The foregoing request for a certificate of appealability is denied. As explained by the District Court, it lacked jurisdiction to entertain the appellant's second habeas corpus petition because he had not previously obtained authorization from this Court to file it. See Burton v. Stewart, 127 S.Ct. 793 (2007).

(2)

By the Court, /s/ Thomas L. Ambro, Circuit Judge Dated: May 17, 2007 SLC/cc: Mark A. Spruance, Esq. Elizabeth R. McFarlan, Esq.

A True Copy :

Marcia M . Waldron, Clerk