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

Case 1:04-cv-01435-GMS

Document 39

Filed 09/10/2008

Page 1 of 1

BLD-107 January 17, 2008 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 07-3012 JAMES W. RILEY VS. WARDEN THOMAS CARROLL, ET AL. (D. Del. CIV. NO. 04-cv-01435)

Present: MCKEE, RENDELL and SMITH, Circuit Judges Submitted is Appellant's request for a certificate of appealability under 28 U.S.C. § 2253(c)(1) in the above-captioned case. Respectfully, Clerk MMW/EMC/isc ORDER The request for a certificate of appealability is denied, as jurists of reason would not debate whether the District Court properly determined that the claims raised in Appellant's 28 U.S.C. § 2254 habeas petition lack merit. Appellant has not made a substantial showing of the denial of his constitutional rights with regard to any of his claims. 28 U.S.C. § 2253(c); Miller-El v. Cockrell, 537 U.S. 322, 327 (2003).

By the Court, /s/ Theodore A. McKee A True Copy Circuit Judge Dated: September 10, 2008 ISC/cc: James W. Riley Loren C. Meyers, Esq.
Marcia M. Waldron, Clerk Certified order issued in lieu of mandate.