Free Order (AEDPA) Service Order (2254) - District Court of Delaware - Delaware

Case 1:07-cv-00233-JJF Document 8 Filed O9/10/2007 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BEN ROTEN, )
Petitioner, l
v. l Civil Action No. 07—233—JJF
MIKE DELOY, l
Warden, and JOSEPH R. )
BIDEN, III, Attorney )
General of the State of )
Delaware, )
Respondents. l
O R D E R
At Wilmington this g%&, day of September, 2007, the
petition of Ben Roten for a Writ of Habeas Corpus having been
reviewed pursuant to 28 U.S.C. § 2254, Rule 4:
IT IS HEREBY ORDERED that:
l. Pursuant to 28 U.S.C. § 2254, Rules 3(b) and 4, the
clerk shall forthwith serve a copy of the petition (D.I. l), the l
order dated August 21, 2007 (D.I. 5), the AEDPA election form 1
(D.I. 6), and this order upon: (l) the above—named Warden of the
facility in which petitioner is housed; and (2) the Attorney
General of the State of Delaware. _
2. Within forty-five (45) days of receipt of the petition l
and this order, in accordance with 28 U.S.C. § 2254, Rule 5, g
respondents shall: [

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Case 1:07-cv-00233-JJF Document 8 Filed O9/10/2007 Page 2 of 3
a. State whether the petitioner has exhausted his
state remedies including any post—conviction remedies available
to him under the statutes or procedural rules of the State and
including also his right of appeal both from the judgment of
conviction and from any adverse judgment or order in the post-
conviction proceeding;
b. State whether any claim in the petition is barred
by a procedural bar, non—retroactivity, or the statute of
limitations:
c. Respond to the allegations of the petition;
d. Indicate what transcripts (of pretrial, trial,
sentencing, and post—conviction proceedings) are available, when
they can be furnished, and also what proceedings have been
recorded and not transcribed;
e. Attach to the answer certified copies of such
portions of the transcripts as may be material to the questions
raised in the petition, as well as certified copies of the
petitioner’s brief(s) on appeal (direct and/or post—conviction)
and of the opinion(s) of the appellate court, if any.
f. Attach to the answer copies of any Rule 61 1
affidavits filed by petitioner’s trial and/or appellate counsel I
in response to allegations of ineffective assistance of counsel U
raised in a petitioner's post-conviction proceeding filed
pursuant to Delaware Superior Court Criminal Rule 61. ?
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Case1:O7-cv-00233-JJF D0cument8 Filed O9/10/2007 Page30f3
3. The clerk shall mail a copy of this order forthwith to
the petitioner.
UN T D ST TE: _ STRICT
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