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

Case 1:08-cv-00272-SLR Document 12 Filed 08/20/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JASON A. HAINEY, )
Petitioner, )
v. g Civil Action No. 08-272-SLR
PERRY PHELPS, g
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
Respondents. )
O R D E R
At Wilmington this @_ day of August, 2008, the petition of Jason A. Hainey
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 ofthe petition, opening brief, and appendix (D.l. 1; D.l. 8; D.l.
9), the order dated June 2, 2008 (D.I. 6), the AEDPA election form (D.l. 7), 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 ofthe 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

Case 1:08-cv-00272-SLR Document 12 Filed 08/20/2008 Page 2 of 2
rules of the State and including also his right of appeal both from the judgment of
conviction and from any adverse judgment or order in the post—conviction proceeding;
b. State whether any claim in the petition is barred by a procedural bar,
non-retroactivity, or the statute of limitations;
c. Respond to the allegations of the petition;
d. 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;
e. 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.
f. Attach to the answer copies of any Rule 61 affidavits filed by
petitioner’s trial andlor appellate counsel in response to allegations of ineffective
assistance of counsel raised in a petitioner’s post-conviction proceeding filed
pursuant to Delaware Superior Court Criminal Rule 61.
3. The clerk shall mail a copy of this order forthwith to the petitioner.

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Case 1:08-cv-00272-SLR

Document 12

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Case 1:08-cv-00272-SLR

Document 12

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