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

Case 1:08—cv—00490-JJF Document 5 Filed 08/25/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MONTY C. PEPPER, :
Petitioner, ;
v. Z Civil Action No. 08-490-JJF
PERRY PHELPS, ;
Warden, and ATTORNEY :
GENERAL OF THE STATE :
OF DELAWARE, :
Respondents. ;
O R D E R
WHEREAS, you have filed a form petition for federal
habeas corpus relief pursuant to 28 U.S.C. § 2254 and requested
leave to proceed fo forma oauoeris pursuant to 28 U.S.C. § 1915;
and
WHEREAS, your request to proceed fo forma oauoeris 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 1:08—cv—00490-JJF Document5 Filed 08/25/2008 Page2of2
your pending petition, see United States v. Miller, 197 F.3d 644
(3d Cir. 1999) and Mason v. Meyers, 208 F.3d 414 (3d Cir. 2000).
Z
NOW, THEREFORE, IT IS ORDERED this QM5 day of August,
2008, that you must file the attached election form with the
Court on or before DQS oggfb IO @0% . Failure to
timely return the completed election form will result in the
Court’s ruling on your pending petition as filed.
Un§%§d Sggteéggistrict £§dge
2

Case 1:08-cv-00490-JJF Document 5-2 Filed 08/25/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MONTY C. PEPPER, :
Petitioner, :
v. : Civil Action No. 08-490-JJF
PERRY PHELPS, :
Warden, and ATTORNEY :
GENERAL OF THE STATE :
OF DELAWARE, :
Respondents. :
AEDPA ELECTION FORM
1. I wish the Court to rule on my § 2254
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 § 2254 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.
3. I wish to withdraw my § 2254 petition
without prejudice to file one all-inclusive
petition in the future; that is, one
that raises all the grounds I have for

Case 1:08-cv-00490-JJF Document 5-2 Filed 08/25/2008 Page 2 of 2
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 under § 2254. I am instead seeking
relief under .
Petitioner

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Document 5

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Case 1:08-cv-00490-JJF

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