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

Case 1:05-cv-00019-GMS

Document 6

Filed 03/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHNNY LOPEZ, Petitioner, v. THOMAS CARROLL, Warden, Respondent. ) ) ) ) ) ) ) ) ) )

Civil Action No. 05-19-GMS

O R D E R At Wilmington this 2nd day of March, 2005, the petition of Johnny Lopez for a Writ of Habeas Corpus having been reviewed pursuant to 28 U.S.C. § 2254, Rule 4; IT IS HEREBY ORDERED that: 1. 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, (D.I. 1.), the order dated February 9, 2005, (D.I. 4.), the AEDPA election form, (D.I. 5.), and this order upon: (1) 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: 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

Case 1:05-cv-00019-GMS

Document 6

Filed 03/08/2005

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conviction and from any adverse judgment or order in the postconviction proceeding; b. c. Respond to the allegations of the petition; 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; d. 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-conviction) 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.

_____________/s/________________ UNITED STATES DISTRICT JUDGE

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