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


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Date: June 12, 2008
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Category: District Court of Delaware
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Case 1 :08-cv—00328-GIVIS Document 4 Filed 06/12/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DONALD COLE, )
Petitioner, )
v. ) Civil Action No. 08-2528-GMS
PERRY PHELPS, Warden, )
and ATTORNEY GENERAL )
OF THE STATE OF )
DELAWARE, )
Respondents. g
0 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 informa 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—00328-G|\/IS Document 4 Filed 06/12/2008 Page 2 of 4
/42/il
NOW, THEREFORE, IT IS ORDERED this ____ day of June, 2008, that
you must file the attached election form with the court on or before 6 g QQ; .
Failure to timely retum the completed election form will result in the cou1t’s ruling on your
pending petition as filed.
t
{ I
CHIEF, UNITED STATES DISTRICT JUDGE
F I L E D
i JUN `I 2 2008
¤%?¤%?$$I?é%IE§’02§E
2

Case 1:08-cv—00328-G|\/IS Document 4 Filed 06/12/2008 Page 3 of 4
IN THE UNITED STATES DISTRICT C()URT
FOR THE DISTRICT OF DELAWARE
DONALD COLE, )
)
Petitioner, )
)
v. ) Civil Action No. 08-3 28-GMS
)
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.

Case 1:08-cv—00328-G|\/IS Document 4 Filed 06/12/2008 Page 4 of 4
3. I wish to withdraw my § 2254 petition
without prejudice to file one all-inclusive
petition in the ii1ture; 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 Lmder _.
Petitioner

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