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

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Case 1:O8—cv—OO101-JJF Document 4 Filed O3/05/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES ADDISON, :
Petitioner, ;
v. E Civil Action No. O8—101—JJF
MICHAEL DELOY, Z
Warden, and ATTORNEY :
GENERAL OF THE STATE :
OF DELAWARE, :
Respondents. 5
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 in fgrma pauperis pursuant to 28 U.S.C. § 1915;
and
WHEREAS, based on the information in your affidavit,
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
your petition, you must be given notice that the AEDPA applies to
your pending petition, seg United States v. Miller, 197 F.3d 644

Case 1:08—cv—O0101-JJF Document 4 Filed 03/05/2008 Page 2 of 4
(3d Cir. 1999) and Mason v. Meyers, 208 F.3d 414 (3d Cir. 2000).
NOW, THEREFORE, IT IS ORDERED this .5/, day of
yy Qghgggj , 2008, that, on or before
{§{>%k'L- {lr ?»§C7g , you must file the attached election
form with the Court. Failure to timely return the completed
election form will result in the Court's ruling on your pending
petition as filed.
U i ed ta s District; dge
2

Case 1:O8—cv—OO101-JJF Document 4 Filed O3/05/2008 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES ADDISON, :
Petitioner, :
v. : Civil Action No. O8—IOI—JJF
MICHAEL DELOY, :
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.
3. I wish to withdraw my § 2254 petition
without prejudice to file one all-inclusive
petition in the future; that is, one

Case 1:O8—cv—OO101-JJF Document 4 Filed O3/05/2008 Page 4 of 4
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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