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

Case 1:06-cv-00715-SLR Document 5 Filed 12/11/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EDWARD J. KELLY, )
Petitioner, g
v. 5 Civil Action No. 06—7l5—KAJ
THOMAS CARROLL g
Warden, and CARL C. )
DANBERG, Attorney )
Generalof the State of )
Delaware, )
Respondents. g
O R D E R
WHEREAS, petitioner has filed a form petition seeking
federal habeas corpus relief pursuant to 28 U.S.C. § 2254 and has
requested leave to proceed in forma pauperis pursuant to 28
U.S.C. § l9l5; and
WHEREAS, based on the information in petitioner’s
affidavit, the request to proceed in fgrma pauperis is granted;
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

Case 1:06-cv-00715-SLR Document 5 Filed 12/11/2006 Page 2 of 4
the merits of the petition, petitioner must be given notice that
the AEDPA applies to the pending petition, eee United States v.
Miller, l97 F.3d 644 (3d Cir. l999) and Mason v. Meyers, 208 F.3d
4l4 (3d Cir. 2000).
NOW, THEREFORE, TT TS ORDERED this _iL;3Eay of
December, 2006, that, on or before iLg;¤Le&Jr' I] Ql;{;'Q ,
petitioner must file the attached election form with the court.
Failure to timely return the completed election form will result
in the court’s ruling on the pending petition as filed.
l1.°A»•.2dliIlh!Et \ IL
U1i'ed States Dr? ict Judge ~
2

Case 1:06-cv-00715-SLR Document 5 Filed 12/11/2006 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EDWARD J. KELLY, )
)
Petitioner, )
)
v. ) Civil Action No. O6—7l5—KAJ
)
THOMAS CARROLL )
Warden, and CARL C. )
DANBERG, Attorney )
Generalof 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 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.
3. I wish to withdraw my § 2254 petition
without prejudice to file one all-inclusive
petition in the future; that is, one

Case 1:06-cv-00715-SLR Document 5 Filed 12/11/2006 Page 4 of 4
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). See Swartz v. Meyers,
204 F.3d 4l7 (3d Cir. 2000).
4. I am not seeking federal habeas corpus
relief under § 2254. I am instead seeking
relief under .
Petitioner