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

Case 1:07-cv-00281-JJF Document 15 Filed O9/24/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EDWARD EATON, )
Petitioner, 3
v. g Civil Action No. 07—28l—JJF
THOMAS CARROLL, g
Warden, and JOSEPH R. )
BIDEN, III, Attorney )
General of the State of )
Delaware, )
Respondents. g
O R D E R
At Wilmington this jij_ day of September, 2007, having
reviewed the Petition of Edward Eaton for a Writ of Habeas Corpus
Filed Pursuant To 28 U.S.C. § 2254, Rule 4, and noting that
Petitioner has not filed an amended petition as indicated in his
AEDPA election form (D.I. 7);
IT IS HEREBY ORDERED that:
1. Pursuant to 28 U.S.C. § 2254, Rules 3(b) and 4, the
clerk shall forthwith serve a copy of the petition (D.I. 1), the
order dated June 13, 2007 (D.I. 5), the AEDPA election form (D.I. ¥
7), the letter dated September 5, 2007 (D.I. 14), and this order 1
upon: (1) the above—named Warden of the facility in which
petitioner is housed; and (2) the Attorney General of the State )
of Delaware. 1
I
2. Within forty-five (45) days of receipt of the petition Q

Case 1:07-cv-00281-JJF Document 15 Filed O9/24/2007 Page 2 of 3
and this order, in accordance with 28 U.S.C. § 2254, Rule 5,
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
raised in the petition, as well as certified copies of the
petitioner’s brief(s) on appeal (direct and/or post—conviction) y
and of the opinion(s) of the appellate court, if any. %
f. Attach to the answer copies of any Rule 61 affidavits
filed by petitioner’s trial and/or appellate counsel in response
to allegations of ineffective assistance of counsel raised in a j
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Case 1:07-cv-00281-JJF Document 15 Filed O9/24/2007 Page 3 of 3
petitioner' s post.-conviction proceeding filed pursuant to
Delaware Superior Court Criminal Rule 61.
3. The clerk shall mail a copy of this order forthwith to
the petitioner.
rlu T at T} i %
{J; ._ . j iii :
UNI STA ES ISTRICT JUDGJE
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