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

Case 1:06-cv-00786-SLR Document 7 Filed O1/23/2007 Paget of2
_ IN THE UNITED STATES DISTRICT COURT I
FOR THE DISTRICT OF DELAWARE I
LYNN HARRIS, ‘ ) )
Petitioner, )
v. ) Civil Action No. 06-786-***
THOMAS L. CARROLL, ) _ n )
`é?éli°‘§£ti“3?iLE*éti¥E l ·* F I L 5 D I
or DELAWARE, ) l E
I Respondents. ) I MN Z 3 EUG! f
7
DlSl`R:CT cr nettime;
b O R D E R
At Wilmington thisg day of January, 2007, the petition of Lynn Harris for a
Writ of Habeas Corpus having been reviewed pursuant to Rule 4, 28 U.S.C. foil. § l
2254; )
IT IS HEREBY ORDERED that: N
1. Pursuant to Rules 3(b) and 4, 28 U.S.C. foil. § 2254, the clerk shall forthwith ,
serve a copy of the petition and appendix (D.|. 1; D.|. 2), the order dated January 4,
2007 (D.I. 5), the AEDPA election form (D.|. 6), and this order upon: (1) the above- i
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 service of the petition and this order, in
accordance with Rule 5, 28 U.S.C. foll. § 2254, respondents shall: ,
a. State whether the petitioner has exhausted his state remedies
l

Case 1:06-cv-00786-SLR Document 7 Filed O1/23/2007 Page 2 of 2
including any post-conviction remedies available to him under the statutes or procedural 1
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 i
as may be material to the questions raised inthe 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 affidavits filed by `
petitioner’s trial andlor 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 the petitioner. ‘
.......__. . j I nj on
,_____, Hon is- aiyjilid ’ hynge
U.S. agistrate udge