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

Case 1:05-cv-00578-JJF Document 7 Filed O9/07/2005 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAVID C. SAFFORD, II, )
Petitioner, g
v. g Civil Action No. 05-578—JJF
RICK KEARNEY, g
Warden, and M. JANE )
BRADY, Attorney General )
of the State of )
Delaware, )
Respondents. g
O R D E R
At Wilmington this ;iL__day of September, 2005, the petition of
David C. Safford, II, for a Writ of Habeas Corpus having been reviewed
pursuant to 28 U.S.C. § 2254, Rule 4;
IT IS HEREBY ORDERED that:
l. Pursuant to 28 U.S.C. § 2254, Rules 3(b) and 4, the clerk
shall forthwith serve by certified mail a copy of the petition and the
addendum, (D.I. 2; D.I. 3.), the order dated August 22, 2005, (D.I.
4.), the AEDPA election form, (D.I. 6.), 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 receipt of the petition and
this order, in accordance with 28 U.S.C. § 2254, Rule 5, respondents
shall:

Case1:O5-cv-00578-JJF Document? Filed O9/07/2005 Page2of2
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—c0nviction) 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.
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