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

Case 1:05-cv-00019-GMS

Document 30

Filed 04/24/2007

Page 1 of 1

CLD-158 March 15, 2007 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 06-3758 JOHNNY LOPEZ VS. WARDEN THOMAS CARROLL, ET AL. (D. DEL. CIV. NO. 05-CV-019) Present: RENDELL, SMITH AND JORDAN, 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/MCF/ch ORDER The foregoing application for a certificate of appealability is denied. Lopez has failed to make a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). For substantially the reasons given by the district court, jurists of reason would not debate the correctness of the district court's decision to deny Lopez's habeas corpus petition. See Miller-El v. Cockrell, 537 U.S. 322, 338 (2003).

By the Court, /s/ D. Brooks Smith Circuit Judge Dated: April 24, 2007
A True Copy :

CH/cc: Mr. Johnny Lopez Elizabeth R. McFarlan, Esq.
Marcia M . Waldron, Clerk