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

Case 1:05-cv—00578-JJF Document 4-2 Filed 08/23/2005 Page1 of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAVID C. SAFFORD, II, )
)
Petitioner, )
)
v. ) Civil Action No. 05-578-JJF
)
RICK KEARNEY, )
Warden, and M. JANE )
BRADY, Attorney General )
of the State of )
Delaware, )
)
Respondents. )
AEDPA ELECTION FORM
l. I wish the Court to rule on my habeas
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 habeas 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. 1
QI

3. I wish to withdraw my habeas petition
without prejudice to file one all—inclusive

Case 1:05-cv—00578-JJF Document 4-2 Filed 08/23/2005 Page 2 of 2
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 417 (3d Cir. 2000).
4. I am not seeking federal habeas corpus
relief. I am instead seeking
relief under .
Petitioner