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

Case 1:08—cv—00210-JJF Document 6 Filed 05/12/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOSHUA STEPHENSON, :
Petitioner, E
v. E Civil Action No. 08-210-JJF
PERRY PHELPS, E
Warden, and ATTORNEY :
GENERAL OF THE STATE :
OF DELAWARE, :
Respondents. ;
O R D E R
WHEREAS, you have filed papers indicating your wish to
pursue federal habeas relief pursuant to 28 U.S.C. § 2254; and
WHEREAS, the Court advises you that the Antiterrorism
and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S C. §
2244, applies to the pending petition and imposes a one-year
period of limitation on the filing of habeas petitions and
effectively precludes petitioners from filing a second or
subsequent habeas petition except in the most unusual of
circumstances. 28 U.S.C. § 2244(b); 28 U.S.C. § 2244(d)(1);
See United States v. Miller, 197 F.3d 644 (3d Cir. 1999); MQ§QQ
v. Meyers, 208 F.3d 414 (3d Cir. 2000); and
WHEREAS, if you are seeking federal habeas relief
pursuant to 28 U.S.C. § 2254, you must complete the attached form
titled “Petition for Relief From a Conviction or Sentence By a

Case 1:08—cv—00210-JJF D0cument6 Filed 05/12/2008 Page2of4
Person in State Custody" filed pursuant to 28 U.S.C. § 2254,
designate the proper respondents (your custodian and the Attorney
General of the State of Delaware), return the form § 2254
petition to the Court, and also return the attached election form
to the Court by the date indicated below.
NOW, THEREFORE, IT IS ORDERED this IE5; day of May,
2008;
1. The Clerk shall attach to this order the form
titled “Petition for Relief From a Conviction or Sentence By a
Person in State Custody" filed pursuant to 28 U.S.C. § 2254.
2. On or before 2/OOg , you must
complete and file with the Court the attached form § 2254
petition and the attached AEDPA election form. Failure to comply
with these requirements and timely return the completed forms as
described above may result in the dismissal of the pending
action.

ED T ES DISTR UDGE
2

Case 1:08—cv—00210-JJF Document 6 Filed 05/12/2008 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOSHUA STEPHENSON, :
Petitioner, :
v. : Civil Action No. 08-37-JJF
PERRY PHELPS, :
Warden, and ATTORNEY :
GENERAL OF THE STATE :
OF DELAWARE, :
Respondents. :
AEDPA ELECTION FORM
1. I agree that my pending complaint is a
petition for federal habeas relief filed
pursuant to 28 U.S.C. § 2254. I am filing a
proper form for federal habeas relief
pursuant to 28 U.S.C. § 2254 along with this
election form, and I wish the court to rule
on the grounds asserted in my form § 2254
petition. 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 for the
Third Circuit; therefore, this petition will
be my one opportunity to seek federal habeas
corpus relief.
2. I agree that my pending complaint is a
petition for federal habeas relief filed
pursuant to 28 U.S.C. § 2254. However, I
wish to amend my § 2254 petition to
include all the grounds I have. I will
complete and file a proper form § 2254
petition with all my grounds and amendments
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

Case 1:08—cv—00210-JJF Document 6 Filed 05/12/2008 Page 4 of 4
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 agree that my pending complaint is a
petition for federal habeas relief filed
pursuant to 28 U.S.C. § 2254. However, 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). §gg Swartz v. Meyers,
204 F.3d 417 (3d Cir. 2000).
4. I do not agree with the court’s re-
characterization of my complaint as a § 2254
petition because I am not seeking
federal habeas corpus relief. I am instead
seeking relief under .
Petitioner

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