Free Order (AEDPA) Service Order (2254) - District Court of Delaware - Delaware

Case 1:07-cv-00347-JJF Document 12 Filed 07/10/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DANIEL M. WOODS, )
Petitioner, g
v. ; Civil Action No. 07-347-JJF
THOMAS L. CARROLL, g
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
Respondents. 3
O R D E R
At Wilmington this lt} day of July, 2007, the petition of
Daniel M. Woods for a Writ of Habeas Corpus having been reviewed
pursuant to 28 U.S.C. § 2254, Rule 4:
IT IS HEREBY ORDERED that:
l. Pursuant to 28 U.S.C. § 2254, Rules 3(b) and 4, the l
clerk shall forthwith serve a copy of the petition (D.I. 2), the 4
memorandum in support (D.I. 4), the order dated June 18, 2007, l
(D.I. 7), the AEDPA election form, (D.I. I0), and this order E
upon: (l) the above—named Warden of the facility in which l
petitioner is housed; and (2) the Attorney General of the State ¥
of Delaware. 5
2. Within f0rty—five (45) days of receipt of the petition Q
and this order, in accordance with 28 U.S.C. § 2254, Rule 5, °
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Case 1:07-cv-00347-JJF Document 12 Filed 07/10/2007 Page 2 of 3
respondents shall:
a. State whether the petitioner has exhausted his
state remedies including any post—conviction remedies available
to him under the statutes or procedural rules of the State and
including also his right of appeal both from the judgment of
conviction and from any adverse judgment or order in the post-
conviction proceeding:
b. State whether any claim in the petition is barred
by a procedural bar, non—retroactivity, or the statute of
limitations;
c. Respond to the allegations of the petition;
d. Indicate what transcripts (of pretrial, trial,
sentencing, and post—conviction proceedings) are available, when
they can be furnished, and also what proceedings have been
recorded and not transcribed;
e. Attach to the answer certified copies of such
portions of the transcripts as may be material to the questions I
raised in the petition, as well as certified copies of the
petitioner's brief(s) on appeal (direct and/or post—conviction)
and of the opinion(s) of the appellate court, if any. 1
f. Attach to the answer copies of any Rule 61 é
affidavits filed by petitioner's trial and/or appellate counsel j
in response to allegations of ineffective assistance of counsel §
raised in a petitioner's post-conviction proceeding filed
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Case 1:07-cv-00347-JJF Document 12 Filed 07/10/2007 Page 3 of 3
pursuant to Delaware Superior Court Criminal Rule 61.
3. The clerk shall mail a copy of this order forthwith to
the petitioner.
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U I ED —A S DISTRICT Q GE
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