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

Case 1:05-cv-00198-JJF Document 5 Filed O4/18/2005 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CHESTER L. WOULARD, )
Petitioner, 5 Civil Action No. 05-198-JJF
v. g
)
CRAIG APKER, Warden, FCI )
Allenwood, and M. JANE )
BRADY, Attorney General )
of the State of Delaware, )
Respondent(s). g
O R D E R
WHEREAS, you have filed papers seeking federal habeas
corpus relief pursuant to 28 U.S.C. § 2241 and requested leave to
proceed in forma pauperis pursuant to 28 U.S.C. § l9l5; and
WHEREAS, based on the information in your affidavit, your
request to proceed in forma pauperis is granted; and
WHEREAS, the clerk of the court is directed to add the é
Attorney General of the State of Delaware to the caption as a T
Respondent, seg Rule 2, Rules Governing Section 2254 Cases in the l
United States District Courts, 28 U.S.C. foll. § 2254; and l
WHEREAS, the Antiterrorism and Effective Death Penalty S
`
Act of 1996 ("AEDPA"), 28 U.S.C. § 2244, effectively precludes i
petitioners from filing a second or subsequent habeas petition !
except in the most unusual of circumstances; and

Case1:O5-cv-00198-JJF D0cument5 Filed O4/18/2005 Page20f2
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
your pending petition, see United States v. Miller, 197 F.3d 644
(3d Cir. 1999) and Mason v. Meyers, 208 F.3d 4l4 (3d Cir. 2000).
NOW, THEREFORE, IT IS ORDERED this day of April,
/‘ r ··"’
2005, that, on or before , luvk LI 1004 , you 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 your pending petition as filed.
.;.;—,-u§ AF
_ ted Distric dge
T
U
4
2 Q