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

Case 1:04-cv-01363-GMS

Document 26

Filed 04/17/2007

Page 1 of 1

DLD-162 March 15, 2007 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 06-3907 JAMES A. WILSON v. RICHARD KEARNEY, ET AL. (D. DEL. CIV. NO. 04-CV-01363)

Present:

BARRY, AMBRO and FISHER, Circuit Judges Submitted is appellant's application for a certificate of appealability under 28 U.S.C. § 2253(c)(1) in the above-captioned case. Respectfully, Clerk

MMW/LLB/clw ORDER The foregoing request for a certificate of appealability is denied. Appellant has failed to make a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2); Miller-el v. Cockrell, 537 U.S. 322, 327 (2003). The habeas petition lacks merit for the reasons given by the District Court.

By the Court,

/s/ Thomas L. Ambro Circuit Judge Dated: April 17, 2007 CMD/cc: James A. Wilson Gregory E. Smith, Esq.

A True Copy :

Marcia M . Waldron, Clerk