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

Case1:O6-cr-00081-GIVIS Document 38 Filed O9/21/2007 Page10f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBERT J. HARRIS JR., )
Petitioner, ;
v. g Criminal Action No. O6—8l—GMS
) Civil Action No. 07-560-GMS
UNITED STATES of AMERICA, )
Respondent. ;
O R D E R
WHEREAS, petitioner has filed a form motion to vacate,
set aside, or correct sentence pursuant to 28 U.S.C. § 2255; and
WHEREAS, the Antiterrorism and Effective Death Penalty
Act of I996 ("AEDPA"), 28 U.S.C. § 2244, effectively precludes
petitioners from filing a second or subsequent § 2255 motion
except in the most unusual of circumstances; and
WHEREAS, the United States Court of Appeals for the
Third Circuit has mandated that, before ruling on the merits of a
§ 2255 motion, a petitioner must be given notice that the AEDPA
applies to his pending motion, see United States v. Miller, l97
F.3d 644 (3d Cir. l999) and Mason v. Meyers, 208 F.3d 4l4 (3d
Cir. 2000). %d
NOW, THEREFORE, IT IS ORDERED thi&55j;5 day of
September, 2007, that:
On or before( , petitioner must file the

Case1:O6-cr-00081-GIVIS Document 38 Filed O9/21/2007 Page20f4
attached electicn fcrm with the ccurt. Failure tc timely return
the ccmpleted electicn fcrm will result in the c0urt’s ruling 0n
the pending mcticn as filed.
United States District Judge
SEP 2 1 EOD?
US.DBTWCTCOURT
____g@TmcTOF¤ELAwARE
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Case 1:06-cr-00081-GIVIS Document 38 Filed O9/21/2007 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBERT J. HARRIS JR., )
)
Petitioner, )
)
v. ) Criminal Action No. O6—8l—GMS
) Civil Action No. O7—560—GMS
UNITED STATES of AMERICA, )
)
Respondent. )
AEDPA ELECTION FORM
l. I wish the court to rule on my § 2255
motion 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 motion
will be my one opportunity to seek federal
habeas corpus relief.
2. I wish to amend my § 2255 motion 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 motions unless I
receive certification to do so from the
United States Court of Appeals for the
Third Circuit; therefore, this amended
all—inclusive motion will be my one
opportunity to seek federal habeas corpus
relief.
3. I wish to withdraw my § 2255 motion
without prejudice to file one all—inclusive
motion in the future; that is, one
that raises all the grounds I have for
3

Case 1:06-cr-00081-GIVIS Document 38 Filed O9/21/2007 Page 4 of 4
federal habeas corpus relief. I realize
this all—inclusive motion must be filed
within the one—year period as defined by
28 U.S.C. § 2244(d). See Swartz v. Meyers,
204 F.3d 417 (3d Cir. 2000).
4. I am not seeking federal habeas corpus
relief under § 2255. I am instead seeking
relief under .
Petitioner
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