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

Case 1 :07-cv-00334-JJF Document 16 Filed 07/O9/2007 Page 1 of 2 B mw 1111 F A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOHN FOLKS, )
Petitioner, g
v. g Civil Action No. 07-334-***
THOMAS CARROLL, g ‘ '___E__ I I- E D
Warden, and ATTORNEY ) wi
Sftittttiitéff I iii A 2007 i
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At Wilmington this L day of July, 2007, the petition of John Folks for a Writ of
Habeas Corpus having been reviewed pursuant to Rule 4, 28 U.S.C. foll. § 2254;
IT IS HEREBY ORDERED that:
1. Pursuant to Rules 3(b) and 4, 28 U.S.C. foil. § 2254, the clerk shall forthwith
serve a copy of the petition, memorandum in support, appendix, and amended petition
(D.I. 1; D.I. 2; D.I. 3; D.|. 15), the order dated June 8, 2007 (D.I. 7), the AEDPA election
form (D.l. 14), and this order upon: (1) the above-named Warden of the facility in which
petitioner is housed; and (2) the Attorney General of the State of Delaware.
2. Within forty-five (45) days of service of the petition and this order, in
accordance with Rule 5, 28 U.S.C. foll. § 2254, 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;

Case 1:07-cv-00334-JJF Document 16 Filed 07/O9/2007 Page 2 of 2 U DDSSDSSS
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 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.
f. Attach to the answer copies of any Rule 61 affidavits filed by
petitloner’s trial andlor appellate counsel in response to allegations of ineffective
assistance of counsel raised in a petiti0ner’s post-conviction proceeding filed
pursuant to Delaware Superior Court Criminal Rule 61.
3. The clerk shall mail a copy ofthis order forthwith to the petitioner.
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