Free Order - District Court of Delaware - Delaware

Case 1:07-cv-00191-JJF Document 25 Filed 05/14/2008 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KEVIN MCCRAY, :
Petitioner, ;
v. ; Civil Action No. 07-191-JJF
JOSEPH W. OXLEY, Sheriff, i
and ATTORNEY GENERAL OF THE :
STATE OF DELAWARE, :
Respondents. ;
O R D E R
At Wilmington, this _A5L day of May, 2008, for the reasons
set forth in the Memorandum Opinion issued this date;
IT IS HEREBY ORDERED that:
1. No later than June 13, 2008, the State shall provide:
(1) a written update on the status of Petitioner's mental
health, including any state court decisions issued in Delaware,
New Jersey, or elsewhere, concerning the issue of Petitioner's
competency; and (2) a written update on, and copies of, any
proceedings filed by Petitioner in the Delaware State Courts
since March 2007, as well as a written memorandum explaining how
these proceedings affect Respondent's exhaustion argument.
2. No later than June 13, 2008, Respondent shall file: (1)
a copy of the plea colloquy and transcript dated July 29, 2003;
and (2) copies of the documents listed as Docket Item Nos. 11-13,
15-18, 21 on the Delaware Superior Court Criminal Docket dated
August 1, 2007 and included in the State Court Record (D.I. 18.)

Case 1:07-cv-00191-JJF Document 25 Filed 05/14/2008 Page20f2
filed in this proceeding.
3. The Court declines to issue a certificate of
appealability with respect to its decision that the Petition is
not time—barred. See 28 U.S.C. § 2253(c)(2).
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