Free USCA Letter to District Court Clerk - District Court of Delaware - Delaware

Case 1:05-cv-00070-KAJ

Document 15

Filed 08/22/2006

Page 1 of 2

OFFICE OF THE CLERK

MARCIA M. WALDRON
CLER K

U NITED S TATES C OURT OF A PPEALS
FO R TH E TH IRD CIRCU IT 21400 U N ITED STATES COU RTH O U SE 601 M ARKET STREET PH ILAD ELPH IA 19106-1790

TELEPH O NE 215-597-2995

August 22, 2006 Peter T. Dalleo, Clerk United States District Court J. Caleb Boggs Federal Building Lockbox 18 844 King Street W ilmington, DE 19801-3570 Re: Giles v. Kearney, et al D. Del. No. 05-0070-KAJ Dear Mr. Dalleo: Pursuant to Rule 4(d), Federal Rules of Appellate Procedure, and Rule 3.4, Third Circuit Local Appellate Rules, we are forwarding the attached application for certificate of appealability which should be construed as a notice of appeal which was filed with this office in error. See Rule 3(a)(1), Federal Rules of Appellate Procedure and Rule 3.4, Third Circuit Local Appellate Rules. The notice was postmarked August 15, 2006 and should be docketed as of that date. This document is being forwarded solely to protect the litigant's right to appeal as required by the Federal Rules of Appellate Procedure and Rule 3.4, Third Circuit Local Appellate Rules. Upon receipt of the document, kindly process it according to your Court's normal procedures. If your office has already received the same document, please disregard the enclosed copy to prevent duplication. Pursuant to Rule 3(a)(1), Federal Rules of Appellate Procedure, a notice of appeal must be filed with the Clerk of the District Court. This Court may not act on an appeal until the notice has been docketed in the District Court and certified to this Court by the District Court Clerk. Thank you for your assistance in this matter.

Very truly yours, Marcia M. W aldron, Clerk By: /s/ Bradford A. Baldus Bradford A. Baldus Senior Legal Advisor to the Clerk Enclosure cc: Reginald V. Giles #393901 (w/out enclosure)

Case 1:05-cv-00070-KAJ

Document 15

Filed 08/22/2006

Page 2 of 2

Reginald V. Giles #393901 Sussex Correctional Institution P. O. Box 500 Georgetown, DE 19947