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

Case 1:05-cv-00198-JJF Document 10 Filed 07/25/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CHESTER L. WOULARD, )
)
Petitioner, ) Civil Action No. 05-l98—JJF
)
v. )
D
CRAIG APKER, Warden, FCI )
Allenwood, and M. JANE )
BRADY, Attorney General )
of the State of Delaware, )
J
Respondent(s). )
O R D E R
At Wilmington this 95; day of &%kXj§ , 2005, the
x
petition of Chester Woulard for a Writ of Habeas Corpus having been
reviewed pursuant to 28 U.S.C. § 2254, Rule 4 and 28 U.S.C. § 2241,
and noting that the petitioner has not filed his AEDPA election form
by the date contained in the AEDPA order;
IT IS HEREBY ORDERED that:
l. Pursuant to 28 U.S.C. § 2254, Rules 3(b) and 4, the clerk
shall forthwith serve by certified mail a copy of the petition, (D.I.
2.), the order dated April l8, 2005, (D.I. 5.), 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 and
this order, in accordance with 28 U.S.C. § 2254, Rule 5, respondents
shall:

Case 1:05-cv-00198-JJF Document 10 Filed 07/25/2005 Page2of2
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.
3. The clerk shall mail a copy of this order forthwith to the
petitioner.
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