Case 1:06-cv-00798-SLR Document 9 Filed O4/O9/2007 Paget of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WINFRED O. BROWN, SR., ) _
Petitioner, g
v. g Civil Action No. 06-798-***
THOMAS L. CARROLL, )
Warden, and ATTORNEY ) I
GENERAL OF THE STATE ) ‘
OF DELAWARE, ) —
Respondents. g .
oRoER i
At Wilmington this _q_ day of April, 2007, the petition of Winfred O. Brown, Sr.
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. Petitioner Winfred O. Brown Sr.'s Motion To Amend his habeas opening brief
is GRANTED. (D.I. 8)
2. Pursuant to Rules 3(b) and 4, 28 U.S.C. foll. § 2254, the clerk shall forthwith
serve a copy of the petition, opening brief, and amendments to the opening brief (D.l. 2;
D.l. 3; D.l. 8), the order dated January 17, 2007 (D.l. 6),the AEDPA election form (D.l.
7), 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.
3. 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
Case 1:06-cv-00798-SLR Document 9 Filed O4/O9/2007 Page 2 of 2
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; i
c. Respond to the allegations of the petition; i
d. Indicate what transcripts (of pretrial, trial, sentencing, and post- Q
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) and of the opinion(s) of 2
the appellate court, if any. l
f. Attach to the answer copies of any Rule 61 affidavits filed by
petiti0ner’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.
4. The clerk shall mail a copy of this order forthwith to the petitioner.
44m-—» /4f'
I Mary
agistrate Jud —
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