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

Case 1:06-cv—00578-G|\/IS Document5 Filed 12/07/2006 Page1 0f3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES E. ALLEN, )
Petitioner, g
v. ; Civil Action No. 06-578-GMS
THOMAS L. CARROLL, g
Warden, and CARL C. )
DANBERG, Attorney )
General of the State of )
Delaware, )
Respondents. g
O R D E R
T0 O
At Wilmington this ti_ day of &g_ , 2006, the
petition of James E. Allen for a Writ of Habeas Corpus having
been reviewed pursuant to Rule 4, 28 U.S.C. foll. § 2254;
IT IS HEREBY ORDERED that:
l. Pursuant to Rules 3(b) and 4, 28 U.S.C. foll. § 2254,
the clerk shall forthwith serve a copy of the petition (D.I. l),
the opening brief (D.I. 4), the order dated October l2, 2006
(D.I. 3), the AEDPA election form (D.I. 4), 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 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

Case 1:06-cv—00578-G|\/IS Document 5 Filed 12/07/2006 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-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 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.
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Case 1:06-cv—00578-G|\/IS Document 5 Filed 12/07/2006 Page 3 of 3
3. The clerk shall mail a copy of this order forthwith to
the petitioner.
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