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

Case 1:08-cv-00447-GMS

Document 4

Filed 08/18/2008

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELA WARE


JIMMIE LEWIS, Petitioner, v. PERRY PHELPS, Warden, and ATTORNEY GENERAL OF THE STATE OF DELAWARE, Respondents.

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Civil Action No. 08-447-GMS

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ORDER
WHEREAS, you have filed a form petition for federal habeas corpus relief pursuant to 28 U.S.C. § 2254, and you have requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915; and WHEREAS, based on the information you provided, your request to proceed in

forma 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 a 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 414 (3d Cir. 2000).

Case 1:08-cv-00447-GMS

Document 4

Filed 08/18/2008

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NOW, THEREFORE, IT IS ORDERED this

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day of August, 2008, that

you must file the attached election form with the court on or

befO"'~02:?~ f?'"

Failure to timely return the completed election form will result in the court's ruling on your pending petition as filed.

Chief, United States District Judge

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u.s. DISTFIICT COURT DISTRICT OF DELAWARE

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Case 1:08-cv-00447-GMS

Document 4

Filed 08/18/2008

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE


JIMMIE LEWIS, Petitioner,

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v.
PERRY PHELPS, Warden, and ATTORNEY GENERAL OF THE STATE OF DELAWARE, Respondents.

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Civil Action No. 08-447-GMS

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.

Case 1:08-cv-00447-GMS

Document 4

Filed 08/18/2008

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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 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

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Petitioner