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

Case 1:07-cv—00191-JJF Document 9 Filed 05/22/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KEVIN McCRAY, )
Petitioner, g
v. g Civil Action No. 07-191-***
JOSEPH W. OXLEY, g
Warden, and ATTORNEY I )
GENERAL OF THE STATE )
OF DELAWARE, )
Respondents. g
O R D E R
At Wilmington this Lday of May, 2007, the petition of Kevin Il/IcCray 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 (D.l. 2), the order dated April 16, 2007 (D.l. 5), the AEDPA
election form (D.l. 6), 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—00191-JJF Document 9 Filed 05/22/2007 Page 2 of 2
b. State whether any claim in the petition is barred by a procedural bar,
non—retroactivity, or the statute oflimitations;
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 ofthe transcripts
as may be material to the questions raised in the petition, as well as certified copies of
the petitioners brief(s) on appeal (direct and/or post—conviction) and of the opinion(s) of l
the appellate court, if any.
f. Attach to the answer copies of any Rule 61 affidavits filed by
petitioner’s trial andlor appellate counsel in response to allegations of ineffective
assistance of counsel raised in a petitior1er’s post-conviction proceeding filed
pursuant to Delaware Superior Court Criminal Rule 61.
3. The clerk shall mall a copy of this order forthwith to the petitioner.
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