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

Case 1:07-cv-OO370—JJF Document6 Filed 07/O9/2007 Paget of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MICHAEL DURHAM, )
)
Petitioner, )
)
V. ) ACtlO|'l NO.
) I F I I. tl
THOMAS CARROLL, ) ,l "" l
Warden, and ATTORNEY ) nw
GENERAL or THE STATE ) Jill T AW
OF DELAWARE, ) _
) us. migmrici count; .
Respondents. ) nisimclol mrtA.tAi<_
O R D E R
WHEREAS, the petitioner has filed a form petition seeking federal habeas
corpus relief pursuant to 28 U.S.C. § 2254; and
WHEREAS, the Antiterrorism and Effective Death Penalty Act of 1996
("AEDPA"), 28 U.S.C. § 2244, effectively precludes petitioners from tiling a second or
subsequent habeas petition except inthe most unusual of circumstances; and
WHEREAS, the United States Court of Appeals for the Third Circuit has
mandated that, before this court may rule on the merits ofthe petition, the petitioner
must be given notice that the AEDPA applies to the pending petition. See 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 this day ofJuly, 2007, that,
on or before [ /0 [ 0 7 , the petitioner must file the attached election form with the

Case 1:07-cv—OO370-JJF Document 6 Filed 07/O9/2007 Page 2 of 4
court. Failure to timely return the completed election form will result in the court’s ruling
on the pending petition as filed.
0n 2 • IVI&l'y P8 W,
’ trate Judge ·‘
2

Case 1:07-cv-00370-JJF Document 6 Filed 07/09/2007 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MICHAEL DURHAM, )
I
Petitioner, )
I
v. ) Civil Action No. 07-370-***
I
THOMAS CARROLL, )
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
I
Respondents. )
AEDPA ELEC'I'ION 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 Count 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 1:07-cv-00370-JJF Document 6 Filed 07/O9/2007 Page 4 of 4
3. I wish to withdraw my § 2254 petition
without prejudice to file one aII—incIusive
petition in the future; that is, one
that raises all the grounds I have for
federal habeas corpus relief. I realize
this aII—inc|usive 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