Free USCA Letter to District Court Clerk - District Court of Delaware - Delaware

Case 1:04-cv-00870-JJF

Document 27

Filed 02/13/2006

Page 1 of 1

OFFICE OF THE CLERK

MARCIA M. WALDRON
CLERK

U NITED STATES COURT OF A PPEALS
FOR THE THIRD CIRCUIT 21400 UNITED STATES COURTHOUSE 601 M ARKET STREET PHILADELPHIA 19106-1790

TELEPHONE 215-597-2995

February 13, 2006 Peter T. Dalleo, Clerk United States District Court J. Caleb Boggs Federal Building Lockbox 18 844 King Street W ilmington, DE 19801-3570 Re: Browne v. Carroll, et al D. Del. No. 04-0870-JJF 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 and 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. W e are returning the appendix to certificate of appealability which was submitted along with the notice of appeal to Mr. Browne as it serves no purpose. The notice was postmarked February 9, 2006 and should be docketed as of that date. 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. W aldron, Clerk By: /s/ Bradford A. Baldus Bradford A. Baldus Senior Legal Advisor to the Clerk Enclosure cc: Cecil Browne SBI #144903 (w/enclosure)