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

Case 1:07-cv—00200-G|\/IS D0cument3 Filed 05/07/2007 Page1 0f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BRUCE L. WAPLES, )
Petitioner, g
v. g Civil Action No. 07-200-GMS
RICHARD KEARNEY, )
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
Respondents. g
O R D E R
WHEREAS, you have filed papers for 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, you have not indicated the conviction from
which you are seeking habeas relief; and
WHEREAS, the United States Court of Appeals for the
Third Circuit has mandated that, before ruling on the merits of a
your petition, you must be given notice that the AEDPA applies to
your pending petition, see United States v. Miller, 197 F.3d 644
(Bd Cir. 1999) and Mason v. Meyers, 208 F.3d 414 (3d Cir. 2000).
NOW, THEREFORE, IT IS ORDERED thisiig?_ day of May,

Case 1:07-cv—00200-G|\/IS Document 3 Filed 05/07/2007 Page 2 of 4
2007, that, on or beforeéékfgfgg ??,;£0(}2 , you must file a
statement identifying the conviction from which you are seeking
habeas relief as well as the attached election form with the
court. Failure to timely return either document will result in
the court’s ruling on your pending petition as filed.
. % 2 [ /7. @
ited States District Ju ge
2

Case 1:07-cv—00200-G|\/IS Document 3 Filed 05/07/2007 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BRUCE L. WAPLES, )
)
Petitioner, )
)
v. ) Civil Action No. 07—200—GMS
>
RICHARD KEARNEY, )
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
)
Respondents. )
AEDPA ELECTION FORM
l. I wish the Court to rule on my § 2254
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
Third Circuit; therefore, this petition
will be my one opportunity to seek federal
habeas corpus relief.
2. I wish the Court to rule on my § 2254
petition as amended by my attached statement
alleging my grounds for habeas relief. 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 petition
will be my one opportunity to seek federal
habeas corpus relief.
3. I wish to amend my § 2254 petition to
include all the grounds I have. I will
do so within thirty (30) days. I realize

Case 1:07-cv—00200-G|\/IS Document 3 Filed 05/07/2007 Page 4 of 4
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.
4. I wish to withdraw my § 2254 petition
without prejudice to file one all—inclusive
petition in the future; that is, one
that raises all the grounds I have for
federal habeas corpus relief. I realize
this all—inclusive petition must be filed
within the one—year period as defined by
28 U.S.C. § 2244(d). gee Swartz v. Meyers,
204 F.3d 417 (3d Cir. 2000).
5. I am not seeking federal habeas corpus
relief under § 2254. I am instead seeking
relief under .
Petitioner