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

Case1:O7-cv-00151-JJF D0cument5 Filed O4/10/2007 Page10f2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GUANGO F. CORREA, )
Petitioner, g
v. ; Civil Action No. 07-151-JJF
THOMAS CARROLL, g
Warden, and JOSEPH R. )
BIDEN, III, Attorney )
General of the State of )
Delaware, )
Respondents. g
O R D E R
WHEREAS, you have filed a form petition for federal
habeas corpus relief pursuant to 28 U.S.C. § 2254; and
WHEREAS, the Antiterrorism and Effective Death Penalty
Act of 1996 ("AEDPA"), 28 U.S.C. § 2244, effectively precludes
petitioners from filing a second or subsequent habeas petition
except in the most unusual of circumstances; and
WHEREAS, the United States Court of Appeals for the
Third Circuit has mandated that, before ruling on the merits of a {
your petition, you must be given notice that the AEDPA applies to i
your pending petition, see United States v. Miller, 197 F.3d 644 i
(3d Cir. 1999) and Mason v. Meyers, 208 F.3d 414 (3d Cir. 2000). 1
NOW, THEREFORE, IT IS ORDERED this ALQL day of April, L
2007, that, on or before MU; , you must file the _
attached election form with the Court. Failure to timely return y
I

Case 1:07-cv-00151-JJF Document 5 Filed O4/10/2007 Page 2 of 2
the completed election form will result in the Court’s ruling on
your pending petition as filed.
ni ed N ate. District f»d•e
J

Case 1:07-cv—OO151-JJF Document 5-2 Filed O4/10/2007 Page1 0f2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GUANGO F. CORREA, )
)
Petitioner, )
)
v. ) Civil Action No. O7—l5l—JJF
)
THOMAS CARROLL, )
Warden, and JOSEPH R. )
BIDEN, III, Attorney )
General of the State of )
Delaware, )
)
Respondents. )
AEDPA ELECTION FORM
l. I wish the Court to rule on my § 2254
petition as currently pending. I realize
that the law does not allow me to file
successive or later petitions unless I
receive certification to do so from the
United States Court of Appeals for the
Third Circuit; therefore, this petition
will be my one opportunity to seek federal
habeas corpus relief. .
2. I wish to amend my § 2254 petition to
include all the grounds I have. I will
do so within thirty (30) days. I realize
that the law does not allow me to file
successive or later petitions unless I I
receive certification to do so from the `
United States Court of Appeals for the f
Third Circuit; therefore, this amended
all—inclusive petition will be my one _
opportunity to seek federal habeas corpus .
relief. f
3. I wish to withdraw my § 2254 petition
without prejudice to file one all—inclusive i

Case 1:07-cv—OO151-JJF Document 5-2 Filed O4/10/2007 Page 2 of 2
petition in the future; that is, one
that raises all the grounds I have for
federal habeas corpus relief. I realize
this all—inclusive petition must be filed
within the one—year period as defined by
28 U.S.C. § 2244(d). See Swartz v. Meyers,
204 F.3d 4l7 (3d Cir. 2000).
4. I am not seeking federal habeas corpus
relief under § 2254. I am instead seeking
relief under .
Petitioner
q
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