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

Case 1:04-cv-00241-GMS

Document 24

Filed 04/17/2006

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APS-180

March 30, 2006

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 05-4755 GREGORY A. DENSTON v. THOMAS CARROLL (D. Del. Civ. No. 04-cv-00241) Present: SLOVITER, MCKEE AND FISHER, CIRCUIT JUDGES Submitted are: (1) (2) (3) Appellant's request for a certificate of appealability under 28 U.S.C. § 2253(c)(1); Appellant's memorandum of law in support thereof; and Appellant's motion for appointment of counsel in the above-captioned case. Respectfully,

Clerk MMW/DPW/arl ORDER The foregoing request for a certificate of appealability is denied, as jurists of reason could not debate that Appellant's 28 U.S.C. § 2254 habeas petition was untimely filed. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Statutory tolling cannot save Appellant's petition from dismissal and Appellant has made no showing sufficient to warrant equitable tolling. See Jones v. Morton, 195 F.3d 153, 160 (3d Cir. 1999). Appellant's motion for appointment of counsel is denied. By the Court,
A True Copy : Marcia M . Waldron, Clerk

/s/ Theodore A. McKee Circuit Judge

A True Copy :

Marcia M . Waldron, Clerk

Case 1:04-cv-00241-GMS

Document 24

Filed 04/17/2006

Page 2 of 2

Dated: April 17, 2006 ARL/cc: GAD; GES

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