Free AEDPA Election Form - District Court of Delaware - Delaware


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Pages: 2
Date: July 28, 2008
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 326 Words, 1,895 Characters
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Case 1 :08-cv—00422-GIVIS Document 8 Filed 07/28/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HILLARD M. WINN, )
)
Petitioner, )
)
v. ) Civil Action No. 08-422-GMS
)
PERRY PHELPS, )
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
)
Respondents. )
AEDPA ELECTION FORM I 5A Q
1. E I wish the court to rule on my § 2254 8
petition as currently pending. I realize USm6».;,,;l,, ...,, . 3,.
that the law does not allow me to file _ D|§T;§y(;·?
successive or later petitions unless I ‘ ·
receive certification to do so from the Q) S ‘°"""· J
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—00422-G|\/IS Document 8 Filed 07/28/2008 Page 2 of 2
3. I wish to withdraw my § 2254 petition
without prejudice to tile 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 .
kms. 4 j , t ’ r » /
~ ‘ J ’ »L’ . ’ L~ f
Peti ioner

Case 1:08-cv-00422-GMS

Document 8

Filed 07/28/2008

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Case 1:08-cv-00422-GMS

Document 8

Filed 07/28/2008

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