Page 1 of 1
OFFICE OF THE CLERK
MARCIA M. WALDRON
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT 21400 UNITED STATES COURTHOUSE 601 MARKET STREET PHILADELPHIA 19106-1790
October 17, 2005 Peter T. Dalleo, Clerk United States District Court J. Caleb Boggs Federal Building Lockbox 18 844 King Street Wilmington, DE 19801-3570 Re: Elam v. Carroll, et al D. Del. No. 04-cv-1239-SLR 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 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 deposited in the institutional mail on October 13, 2005. 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. Waldron, Clerk By: /s/ Bradford A. Baldus Bradford A. Baldus Senior Legal Advisor to the Clerk Enclosure cc: Michael Elam #128848 (w/out enclosure)