Free Letter - District Court of Delaware - Delaware


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Pages: 3
Date: February 6, 2008
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 587 Words, 3,673 Characters
Page Size: 622 x 792 pts
URL

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Case·1:08—cv-00078—GIV|S Document 2 Filed 02/06/2008 Page 1 of 3
D
John H_ Benge, J1-_ Y
Sussex Correctional Institution
P.O. Box 500
Georgetown, DE 19947
February 4, 2008
Office of the Clerk
United States District Court
United States Courthouse
844 North King Street, Lockbox 18 ___,_, 0 8 — g 7 3 3;;
Wilmington, DE 19801 ...“_A p _____ ,____ _ _`,__)__, _ ____ ,_, in
8 F i ,..,,,.. ,
, _ Re: New Case Filing
iw I6 Mig Benge v. DeLoy
f l
;,__,,,,....i.. ~ ~-;-~· ·~ ·~·—·· §2254 Habeas Corpus
ii . GOUBT L; . .
.~.. -!a» f Petition
Dear Clerk of the Court:
I enclose with the original of this letter the following documents:
¤ Original and 3 copies of state prisoner habeas corpus petition
under 28 U.S.C. §2254; and
· Institution check issued by the Sussex Correctional Business
Office for the $5.00 filing fee for a new case habeas corpus
filing.
Please note that the original and copies of the §2254 petition
together with my inmate voucher for preparation and issuance of a
prisoner account check were deposited in the prisoner mail system at
Sussex Correctional on February 4, 2008. Those documents will be ·
processed through the Sussex Correctional mailroom, then the prison
Business Office for processing of the filing fee check, and then again to
the mailroom here before being given to the Postal Service for delivery
to your office. I have sent a copy of this letter to you for the purpose of
advising your office of my actions on February 4*]* in the event that the

Case 1:08—cv—00078-GI\/IS Document 2 Filed 02/06/2008 Page 2 of 3
Clerk of the Court
February 4, 2008
Page 2
documents deposited into the prisoner mail are misdirected or unduly
delayed at some point during the institutional process through which
those documents must proceed.
Please also note that the habeas corpus petition pertains to
convictions that are distinct from the two cases that I have had pending
before Judge Sleet [Nos., 05-0551(GMS) and 05-051(GMS)]. The
enclosed petition is therefore not a second or subsequent petition within
the meaning of 28 U.S.C. §2244(c) and habeas corpus Rule 9(b).
pliq SE. %Qcj(·C."" Hf ?Q—%\’-L-f¤*-·| ,
Thank you for your kind consideration and assistance.
Respectfully,
John H. Benge, Jr.
Enc. w/original: original habeas corpus petition
3 copies of habeas corpus petition
_ SCI prisoner account check for filing fee
k of the Court w/0 enclosures

Case 1:08—cv—00078-GI\/IS Document 2 Filed 02/06/2008 Page 3 of 3
§1'?46 Certification Of Deposit Into Prisoner Mail System
The undersigned hereby certifies that the following documents were
deposited on February 4, 2008 into the internal system maintained at
Sussex Correctional Institution, Georgetown, Delaware for the
processing of outgoing prisoner mail, first class mail, postage prepaid,
and were addressed to:
Office of the Clerk
United States District Court
United States Courthouse
844 King Street, Lockbox 18
Wilmington, DE 19801
Original and three copies of habeas corpus petition under 28 U.S.C.
§2254;
Inmate voucher for $5.00 check to be drawn on prisoner account
payable to Clerk of the Court for filing fee.
I hereby certify under penalty of the laws of the United States of
America that the foregoing is true and correct.
Executed on: February 4, 2008 _ 3 ‘
J W 1-1. Benge, Jr.

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