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

Case 1:05-cv—O0883-SLR Document 6 Filed O1/O9/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DWIGHT W.H. PERKINS, JR., )
Petitioner, i
v. g Civil Action NO. 05-883-SLR
RICHARD KEARNEY, 3
Warden, and CARL C. DANBERG, )
Attorney General )
of the State of )
Delaware, )
Respondents. 3
O R D E R
WHEREAS, you have filed papers requesting federal
habeas corpus relief pursuant to 28 U.S.C. § 2254 and requested
leave to proceed in fgrma pauperis pursuant to 28 U.S.C. § l9l5;
and
WHEREAS, based on the information in your affidavit,
your request to proceed in forma 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 ruling on the merits of
your petition, you must be given notice that the AEDPA applies to

Case 1:05-cv-00883-SLR Document 6 Filed O1/O9/2006 Page 2 of 4
your pending petition, see United States v. Miller, 197 F.3d 644
(Bd Cir. 1999) and Mason v. Meyers, 208 F.3d 414 (Bd Cir. 2000).
NOW, THEREFORE, TT TS ORDERED this q+~ day of January,
2006, that, on or before iéuhybébaségl égob I You must
file with the Court, the attached election form. Failure to
timely return the completed election form will result in the
Court’s ruling on your pending petition as filed.
United Stateg District Judge
2

Case 1:05-cv—O0883-SLR Document 6 Filed O1/O9/2006 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DWIGHT W.H. PERKINS, JR., )
)
Petitioner, )
)
v. ) Civil Action NO. O5—504—SLR
)
RICHARD KEARNEY, )
Warden, and CARL C. DANBERG, )
Attorney General )
of 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

Case 1:05-cv-00883-SLR Document 6 Filed O1/O9/2006 Page 4 of 4
without prejudice to file one all—inclusive
petition in the future; that is, one
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 (Bd Cir. 2000).
4. I am not seeking federal habeas corpus
relief under § 2254. I am instead seeking
relief under .
Petitioner