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

Case 1:06-cv-00786-SLR Document 5 Filed O1/O4/2007 Paget of4
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_ IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE ,
LYNN HARRIS, ) \
Petitioner, g . -
v. g Civil Action No. 06-786-***
THOMAS L. CARROLL, g
Warden, and ATTORNEY )
GENERAL OF THE STATE ) . *
OF DELAWARE, )
Respondents. g >
O R D E R
WHEREAS, the petitioner has filed a form petition seeking federal habeas
corpus relief pursuant to 28 U.S.C. § 2254; and
WHEREAS, the Antiterrorism and Effective Death Penalty Act of 1996
("AEDPA"), 28 U.S.C. § 2244, effectively precludes petitioners from filing a second or
subsequent habeas petition except in the most unusual of circumstances; and
WHEREAS, the United States Court of Appeals for the Third Circuit has
mandated that, before this court may rule on the merits of the petition, the petitioner
must be given notice that the AEDPA applies to the pending petition. See United
States v. Miller, 197 F.8d 644 (3d Cir. 1999) and Mason v. Meyers, 208 F.3d 414 (3d
Cir. 2000).

Case 1:06-cv-00786-SLR Document 5 Filed O1/O4/2007 Page 2 of 4
NOW, THEREFORE, IT IS ORDERED this jj day of January, 2007,
that, on or before gbnvugf 'zgythe petitioner must file the attached election form with I
the court. Failure to timely return the completed election form will result in the court’s
ruling on the pending petition as filed.
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“ ‘ rable Mary Pat ge I
’ Magistrate Judge I
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Case 1:06-cv-00786-SLR Document 5 Filed O1/O4/2007 Page 3 of 4
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IN THE UNITED STATES DISTRICT COURT :
FOR THE DISTRICT OF DELAWARE ,
LYNN HARRIS, )
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Petitioner, ) . _
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v. ) Civil Action No. 06-786-***
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THOMAS L. CARROLL, ) -f
Warden, and ATTORNEY ) I
GENERAL OF THE STATE )
or DELAWARE, I I
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Respondents. ) ,
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AEDPA ELECTION FORM I
1. I wish the Court to rule on my § 2254 I
petition as currently pending. I realize
that the law does not allow me to file
successive or later petitions unless I
receive certification to do so from the
United States Court of Appeals for the
I Third Circuit; therefore, this petition I
will be my one opportunity to seek federal
habeas corpus relief.
2. I wish to amend my § 2254 petition to
include all the grounds I have. I will
do so within thirty (30) days. I realize
that the law does not allow me to file
successive or later petitions unless I
receive certification to do so from the
United States Court of Appeals for the
Third Circuit; therefore, this amended
all—inclusive petition will be my one
opportunity to seek federal habeas corpus
relief.

Case 1:06-cv-00786-SLR Document 5 Filed O1/O4/2007 Page 4 of 4
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3. I wish to withdraw my § 2254 petition I
without prejudice to file one all-inclusive I
petition in the future; that is, one I
that raises all the grounds I have for `
federal habeas corpus relief. I realize _
this all-inclusive petition must be filed I
within the one-year period as defined by I
28 U.S.C. § 2244(d). See Swartz v. Meyers, I
204 F.3d 417 (3d Cir. 2000). I
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4. I am not seeking federal habeas corpus
relief under § 2254. I am instead seeking I
relief under . I
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Petitioner
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