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


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Date: April 16, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1:05-cv-00070-KAJ

Document 17

Filed 04/16/2007

Page 1 of 1

DLD-159 March 15, 2007 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 06-3951 REGINALD V. GILES v. WARDEN RICHARD KEARNEY, ET AL. (D. Del. Civ. No. 05-cv-00070)

Present:

BARRY, AMBRO and FISHER, Circuit Judges Submitted is appellant's notice of appeal, which may be construed as a request for a certificate of appealability under 28 U.S.C. 2253(c)(1) in the above-captioned case. Respectfully, Clerk

MMW/CJG/clc ____________________________O R D E R _________________________________ The foregoing request for a certificate of appealability is denied. For essentially the reasons set forth in the District Court's Memorandum Opinion, we find that the appellant has not made a substantial showing of the denial of a constitutional right with respect to his claim that counsel rendered ineffective assistance. See 28 U.S.C. 2253(c)(2); Strickland v. Washington, 466 U.S. 668 (1984). Additionally, the District Court correctly concluded that appellant's Fourth Amendment claims are not cognizable in a habeas corpus proceeding given the fact that the state courts provided him with a full and fair opportunity to litigate those claims. See Stone v. Powell, 428 U.S. 465 (1976).

By the Court, /s/ Thomas L. Ambro Circuit Judge Dated: April 16, 2007 CLC\cc: Mr. Reginald V. Giles
A True Copy :

Gregory E. Smith, Esq.

Marcia M . Waldron, Clerk