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

Case 1:05-cv-00578-JJF Docurnent 4 Filed 08/23/2005 Page1 of 2

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IN THE UNITED ERATES DISTRICT COURT
FOR THE DIS§RICT OF DELAWARE
DAVID C. SAFFORD, II, ) `
Petitioner, g
v. 3 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
WHEREAS, you have filed papers requesting federal
habeas corpus relief and requested leave to proceed in fggma
pauperis pursuant to 28 U.S.C. § l9l5; and
WHEREAS, based on the information in your affidavit,
your request to proceed in fgrma 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-00578-JJF Document 4 Filed 08/23/2005 Page 2 of 2
your pending petition, see United States v. Miller, 197 F.3d 644
(Bd Cir. 1999) and Mason v. Meyers, 208 F.3d 414 (3d Cir. 2000).
NOW, THEREFORE, IT IS ORDERED this ggél day ofA@§?gé§:
2005, that, on or before ;§§§> ;&§) Q£90rY’ , you must
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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.
U ed .. - s District dge
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