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

Case 1:04-cv-01232-GMS

Document 21

Filed 11/16/2006

Page 1 of 2

HLD-1 (October 2006) October 13, 2006 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 05-5555 GREGORY DENSTON VS. THOMAS CARROLL, WARDEN ( D. Del. Civil No. 04-cv-01232) Present: SCIRICA, CHIEF JUDGE, WEIS AND GARTH, CIRCUIT JUDGES Submitted are 1. Appellant's request for a certificate of appealability under 28 U.S.C. § 2253(c)(1) with attachments; and Appellant's motion for appointment of counsel

2.

in the above-captioned case. Respectfully,

Clerk MMW/RPC/arl ORDER The foregoing request for a certificate of appealability is denied. Regardless of any statutory or equitable tolling prior to Petitioner's filing of his first state post-conviction petition, the limitations period would have, under a best case scenario, begun to run in March 2002 when the 30-day period expired for appealing the February 2002 denial of Petitioner's post-conviction petition. See Swartz v. Meyers, 204 F.3d 417, 418 (3d Cir. 2000); Del. S. Ct. R. 6(a)(iii). Thus, at the latest the one-year limitations expired in March 2003, well before Petitioner filed his 25 U.S.C. § 2254 petition. Accordingly, no reasonable jurist would debate the correctness of the District Court's denial of the petition as untimely. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Appellant's motion for appointment of counsel is denied.

Case 1:04-cv-01232-GMS

Document 21

Filed 11/16/2006

Page 2 of 2

HLD-1 (October 2006) GREGORY DENSTON VS. THOMAS CARROLL, WARDEN C.A. No. 05-5555 Page 2 _____________________________

October 13, 2006

By the Court,
A True Copy :

Marcia M . Waldron, Clerk

/s/ Leonard I. Garth Circuit Judge

Dated: November 16, 2006 ARL/cc: GAD; GES