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

Case 1:05-cv-00761-SLR Document 2 Filed 11/10/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES D. EVANS, )
)
Petitioner, )
v. ) Civil Action No. 05-761-KAJ
)
DWIGHT E. HOLDEN, Chairman )
of the Delaware Board of )
Parole, and M. JANE BRADY, )
Attorney General of the )
State of Delaware, )
)
Respondents. )
O R D E R
WHEREAS, the petitioner has filed papers seeking
federal habeas corpus relief pursuant to 28 U.S.C. § 2241; 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 a
habeas petition, the petitioner must be given notice that AEDPA
applies to his pending petition, see United States v. Miller, 197
F.3d 644 (3d Cir. 1999) and Mason v. Meyers, 208 F.3d 414 (Bd
Cir. 2000).
. @»
NOW, THEREFORE, IT IS ORDERED this /@ day of
November, 2005, that, on or before QQQE ,:£Q;j[;L,éKi$?T the

Case1:O5-cv-00761-SLR D0cument2 Fi|ed11/10/2005 Page20f4
petitioner 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 petitioner's pending petition as filed.
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ni. -·
U i ed Stat s rict Judge
2

Case 1:05-cv-00761-SLR Document 2 Filed 11/10/2005 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES D. EVANS, )
)
Petitioner, )
v. ) Civil Action No. 05-761-KAJ
)
DWIGHT E. HOLDEN, Chairman )
of the Delaware Board of )
Parole, and M. JANE BRADY, )
Attorney General of the )
State of Delaware, )
)
Respondents. )
AEDPA ELECTION FORM
1. I wish the Court to rule on my § 2241
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 § 2241 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 J
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 § 2241 petition
without prejudice to file one all—inclusive
petition in the future; that is, one
that raises all the grounds I have for

Case 1:05-cv-00761-SLR Document 2 Filed 11/10/2005 Page 4 of 4
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 417 (3d Cir. 2000).
4. I am not seeking federal habeas corpus
relief under § 2241. I am instead seeking
relief under .
Petitioner