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


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Pages: 2
Date: December 7, 2005
File Format: PDF
State: Delaware
Category: District Court of Delaware
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Word Count: 396 Words, 2,327 Characters
Page Size: Letter (8 1/2" x 11")
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Case1:O5-cv—OO761—SLFi D0cument9 Fi|ed12/07/2005 Page10f2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES 0. Evans, )
Petitioner, l
v. ) Civil Action No. 05-761-KAJ
DWIGHT E. HOLDEN, Chairman g
of the Delaware Board of )
Parole, and M. JANE BRADY, )
Attorney General of the )
State of Delaware, )
Respondents. l
O R D E R
be
At Wilmington this iia day of December, 2005, the petition of
James D. Evans for a Writ of Habeas Corpus having been reviewed
pursuant to Rule 4, 28 U.S.C. foll. § 2254:
IT IS HEREBY ORDERED that:
I. Pursuant to Rules 3(b) and 4, 28 U.S.C. foll. § 2254, the
clerk shall forthwith serve by certified mail a copy of the petition
(D.I. I.), the order dated November 10, 2005 (D.I. 2.), the AEDPA
election form (D.I. 5.), and this order upon: (1) the above—named
Warden of the facility in which petitioner is housed; and (2) the
Attorney General of the State of Delaware.
2. Within f0:ty—five (45) days of receipt 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 state
remedies including any post—conviction remedies available to him under

Case1:O5-cv-00761-SLR D0cument9 Fi|ed12/07/2005 Page20f2
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.
3. The clerk shall mail a copy of this order forthwith to the
petitioner. //,_\
A . C. fr'} »
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UNITED STATEQ ~‘i DISTRICT JUDGE n
2