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

Case 1:08—cv—00037-JJF Document 6 Filed 03/05/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MARK ANTHONY KIRK, :
Petitioner, i
v. E Civil Action No. 08-37-JJF
PERRY PHELPS, E
Warden, and ATTORNEY :
GENERAL OF THE STATE :
OF DELAWARE, :
Respondents. E
O R D E R
At Wilmington this E? day of rVL&¢4>¢( , 2008,
the petition of Mark Anthony Kirk for a Writ of Habeas Corpus
having been reviewed pursuant to 28 U.S.C. § 2254, Rule 4;
IT IS HEREBY ORDERED that:
I. Pursuant to 28 U.S.C. § 2254, Rules 3(b) and 4, the
clerk shall forthwith serve a copy of the petition and memorandum
in support (D.I. I; D.I. 5), the order dated January 31, 2008
(D.I. 3), the AEDPA election form (D.I. 4), and this order upon:
(I) 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:
a. State whether the petitioner has exhausted his

Case 1:O8—cv—OOO37-JJF Document 6 Filed O3/05/2008 Page 2 of 3
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—c0nviction)
and of the opinion(s) of the appellate court, if any.
f. Attach to the answer copies of any Rule 61
affidavits filed by petitioner’s trial and/or appellate counsel
in response to allegations of ineffective assistance of counsel
raised in a petitioner’s post—conviction proceeding filed
pursuant to Delaware Superior Court Criminal Rule 61.
3. The clerk shall mail a copy of this order forthwith to
2

Case 1:O8—cv—OOO37-JJF Document 6 Filed O3/05/2008 Page 3 of 3
the petitioner.
\ ..
UNI E S A DISTRICT GE
3

Case 1:08-cv-00037-JJF

Document 6

Filed 03/05/2008

Page 1 of 3

Case 1:08-cv-00037-JJF

Document 6

Filed 03/05/2008

Page 2 of 3

Case 1:08-cv-00037-JJF

Document 6

Filed 03/05/2008

Page 3 of 3