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

Case 1 :08-cv-00178-GIVIS Document 6 Filed 06/16/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SYLVESTER MILLER, )
Petitioner, )
v. ) Civil Action No. 08-178-GMS
PERRY PHELPS, Warden, )
and ATTORNEY GENERAL )
OF THE STATE OF )
DELAWARE, )
Respondents. )
0 R D E R
WHEREAS, you have filed a form petition for federal habeas corpus relief
pursuant to 28 U.S.C. § 2254 (D.I. 2), a motion to amend your petition (D.I. 6), and you have
requested leave to proceed informa pauperis pursuant to 28 U.S.C. § 1915 (D.I. 1); and
WHEREAS, based on the information you provided, your request to proceed in
forma pauperis is granted; and
WHEREAS, your motion to amend 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.

Case 1:08-cv—00178-G|\/IS Document 6 Filed 06/16/2008 Page 2 of 4
1999) and Mason v. Meyers, 208 F.3d 414 (3d Cir. 2000). BL;]
I
NOW, THEREFORE, IT IS ORDERED this [ Q day of June, 2008, that
you must file the attached election form with the court on or beforg%%L= ( .
Failure to timely return the completed election form will result in the court’s ruling on your
pending petition as filed.
I
{IQ QC /1 9197 I )
Chief, United States District Judge
F I L E D
I JUN I G 2008 I
U.S. DISTRICT COURT
DISTRICT OF DELAWARE
2

Case 1:08-cv—00178-G|\/IS Document 6 Filed 06/16/2008 Page 3 of 4
IN THE UNITED STATES DISTRICT C()URT
FOR THE DISTRICT OF DELAWARE
SYLVESTER MILLER, )
)
Petitioner, )
)
v. ) Civil Action No. 08-] 78-GMS
)
PERRY PHELPS, Warden, )
and ATTORNEY GENERAL )
OF THE STATE OF )
DELAWARE, )
)
Respondents. )
AEDPA ELECTION FORM
I. 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—00178-Gl\/IS Document 6 Filed 06/16/2008 Page 4 of 4
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 _.
Petitioner

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