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

Case Document 4 Filed O4/08/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMIE S. DIXON, )
Petitioner, g
v. g Civil Action No. 08-152-SLR
PERRY PHELPS, g
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
Respondents. g
O 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 Q pauperis
pursuant to 28 U.S.C. § 1915; and
WHEREAS, based on the information in your affidavit, your request to
proceed Q 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, g United States v. Miller, 197 F.3d
644 (3d Cir. 1999) and Mason v. Meyers, 208 F.3d 414 (3d Cir. 2000).
NOW, THEREFORE, IT IS ORDERED thisi‘*·_ day of April, 2008,

Case 1:08-cv-00152-SLR Document 4 Filed O4/08/2008 Page 2 of 4
that you must file the attached election form with the court on or before
0**9* , 2008. Failure to timely return the completed election form
will result in the court’s ruling on your pending petition as Hled.
United States Dlgtrict Judge
2

Case 1:08-cv—O0152-SLR Document 4 Filed O4/08/2008 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT ‘
FOR THE DISTRICT OF DELAWARE
JAMIE S. DIXON, )
)
` Petitioner, )
)
v. ) Civil Action No. 08-152-SLR
7
PERRY PHELPS, )
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
I
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—00152-SLR Document 4 Filed O4/08/2008 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). g 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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