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

Case1:06—cv-00472-GIVIS D0cument5 Filed 08/16/2006 Page10f2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KEVIN C. BRATHWAITE, )
Petitioner, i
v. i Civil Action No. 06-472-GMS
THOMAS CARROLL, i
Warden, and CARL C. )
DANBERG, Attorney )
General of the State of )
Delaware, )
Respondents. i
O R D E R
WHEREAS, you have filed a form petition for federal
habeas corpus relief pursuant to 28 U.S.C. § 2254; 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 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 ruling on the merits of a
your petition, you must be given notice that the AEDPA applies to
your pending petition, see United States v. Miller, I97 F.3d 644
(3d Cir. I999) and Mason v. Meyers, 208 F.3d 4l4 (3d Cir. 2000).
NOW, THEREFORE, IT IS ORDERED this _BiE5day of August,
2006, that, on or befor , you must file the

Case 1:06—cv—00472-G|\/IS Document 5 Filed 08/16/2006 Page 2 of 2
attached election form with the Court. Failure to timely return
the completed election form will result in the Court’e ruling on
your pending petition as filed.
Unite; Sta es Distri@t Qilu e
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