Free USCA Order - District Court of Delaware - Delaware

Case 1:95-cr-00068-SLR Document 113 Filed 07/05/2007 Page 1 of 1
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
NO. 07-2892
USA vs. Bendolph
District Court No. 95-cr-00068-1
O R D E R
It appearing that the District Court has not issued a
certificate of appealability or stated reasons why a certificate of
appealability should not issue pursuant to Rule 22(b), F.R.A.P. and 28
U.S.C. Section 2253 and that under Third Circuit LAR 22.2 the District
Court is required to make a determination as to whether a certificate
of appealability should issue at the time a final order is issued;
It is hereby O R D E R E D that the matter is remanded to
the District Court for the sole purpose of either issuing a certificate
of appealability or stating reasons why a certificate of appealability
should not issue. The appeal is stayed pending determination by the
District Court.
The record is being returned to the District Court for its
consideration and completion of the record. The Clerk of the District
Court is to promptly forward the record to the Clerk of the Court of
Appeals after entry of the District Court’s determination regarding the
certificate of appealability.
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Z? . ?Té/LZ MARCIA M. WALDRON
Clerk
Marcia M. Waldron, Clerk
Date: 7/5/2007
CC :
Mr. Peter T. Dalleo
Mr. Herbert Bendolph
Seth M. Beausang, Esq.