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

Case 1:07-cv-00223-GMS Document 7 Filed 05/22/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT I
FOR THE DISTRICT OF DELAWARE
ROBERT R. MEADES, )
Petitioner, g
v. g Civil Action No. 07-223-***
THOMAS L. CARROLL, g _
Warden, and ATTORNEY ) =
GENERAL OF THE STATE )
OF DELAWARE, ) I
Respondents. g
O R D E R I
At Wilmington this JZ?-day of May, 2007, the petition of Robert R. Meades for a
Writ of Habeas Corpus having been reviewed pursuant to Rule 4, 28 U.S.C. foil. §
2254;
IT IS HEREBY ORDERED that:
1. Pursuant to Rules 3(b) and 4, 28 U.S.C. foll. § 2254, the clerk shall forthwith
serve a copy ofthe petition (D.l. 1), the order dated May 4, 2007 (D.l. 5), the AEDPA
election form (D.l. 8), and this order upon: (1) the above-named Warden of the facility in l
which petitioner is housed; and (2) the Attorney General of the State of Delaware.
B 2. Within forty-five (45) days of service of the petition and this order, in l
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

Case 1:07-cv-00223—Gl\/IS Document 7 Filed 05/22/2007 Page 2 of 2
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; l
d. Indicate what transcripts (of pretrial, trial, sentencing, and post-
conviction proceedings) are available, when they can be furnished, and also what l
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 f
petitioner’s trial andlor appellate counsel in response to allegations of ineffective
assistance of counsel raised in a 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. }
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