Free USCA Order Denying Successive Habeas Petition - District Court of Delaware - Delaware

Case 1:07-mc-00149-UNA Document 1 Filed 08/O1/2007 Page 1 of 2
OFHCEOFTHECLERK
MARCH: M. WALDRON UNITED STATES COURT OF APPEALS TELEPHONE
A CLERK FOR THE THIRD CIRCUIT 215-597-2995
H400UNHEDSTATESCOURTHOUSE
GOIMARKETSTREET
PHILADELPHLQ 19106-1790 (TI C. O-l" lqi
Delaware Clerk of District Court Date O7;30;O7
(District)
In Re: Downes C. of A. Nos. O7~2968 gi- LQ
(Caption) Q? W
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William D. Downes Jr. iiy {R SL
(Appellants) #1. `i' yy;
(District Ct. No) il tig
Enclosures: l
O7{30gQ7 Certified copy of C.of A. Order by the Court.
(Date)
Released (Record)
Copy of this form to acknowledge receipt and return to C. of A.
Record not released at this time until appeal(s) closed at No.(s) I
Please forward Certified List in Lieu of Record to this office.
The certified copy of the judgment reissued as the mandate on l/ll/07 is
recalled.
Charlene Crisden (267)-299- 4923
Deputy Clerk Telephone Number
Receipt Acknowledge:
(Name)
{gm;
(Date]
Rev. 3/l3/O0
Q Appeals {Certified List in Lieu of Record)
N:\CASEMGMT\Re1ease.vIrpd

Case 1:07-mc-00149-UNA Document 1 Filed 08/O1/2007 Page 2 of 2
DLD-297 July 12, 2007
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
C.A. No. 07-2968 i
0 *7 YYxC. iq?
IN RE: WILLIAM D. DOWNES, JR.,
Petitioner
Present: BARRY, AMZBRO and FISHER, CIRCUIT JUDGES.
Submitted is Petitioner’s application under 28 U.S.C. § 2244 to iile a
second or successive petition under 28 U.S.C. § 2254 in the above- M,
captioned case. E
E as
Respectfully, L 4
Clerk
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MQMW/KLB/clc
O R D E R
The foregoing application to file a second or successive habeas petition is denied.
S; 28 U.S.C. § 2244(a). Petitioner has not made a prima facie showing that his claim
rests on a new rule of constitutional law or that the facts underlying the new claim, if
proven, would be sufficient to establish by clear and convincing evidence that, but for
constitutional error, no reasonable factfinder would have found him guilty. @ 28 U.S.C.
§ 2244(b)(2).
By the Court,
/s/ D. Michael Fisher ua., O,. A P
Circuit Judge %.,¤·f°.· ; ‘ · .2}.-,
Dated: July 30, 2007 Af
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lwc/cc: Mr. William D. Downes Jr. TQ: A ___s , 5
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Marcia M. Waldron, Clerk