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

Case1:O6-cv-00472-GIVIS Document8 Filed 10/02/2006 Page1of3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KEVIN C. BRATHWAITE, )
Petitioner, g
v. ) Civil Action No. 06-472-GMS
THOMAS CARROLL, )
Warden, and CARL C. )
DANBERG, Attorney )
General of the State of )
Delaware, )
Respondents. )
O R D E R
At Wilmington this Lfflday of September, 2006, the petition
of Kevin C. Brathwaite 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 August l6, 2006 (D.I.
5), the AEDPA election form (D.I. 7), 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:

Case 1:06-cv—OO472-G|\/IS Document 8 Filed 10/O2/2006 Page 2 of 3
a. State whether the petitioner has exhausted his
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—OO472-G|\/IS Document 8 Filed 10/O2/2006 Page 3 of 3
3. The clerk shell mail e copy of this order forthwith to
the petitioner.
'iQI§@D STxéES DEQTRICX JUDGE
F I L E D
OCT ·2 ZQUU5
u.s. msmncr COURT
orsmncr OF DELAWARE
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