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

Case 1:06-cv-00798-SLR Document 6 Filed O1/17/2007 Paget of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
;·—,,_3 C}
WINIFRED O. BROWN, SR., ) .
Petitioner, ) ··-¤
v. ) Civil Action No. 06-798-*** ;f.__."`;
l
THOMAS L. CARROLL, ) au;
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
)
Respondents. ) _
O R D E R
WHEREAS, the petitioner has filed a form petition seeking federal habeas
corpus relief pursuant to 28 U.S.C. § 2254 and has requested leave to proceed in forma
paupens pursuant to 28 U.S.C. § 1915; and
WHEREAS, based on the information in petitioner’s affidavit, the request
to proceed in forma pauperis is granted; 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 this court may rule on the merits of the petition, the petitioner
must be given notice that the AEDPA applies to the pending petition. See United

Case 1:06-cv-00798-SLR Document 6 Filed O1/17/2007 Page 2 of 4
States v. Miller, 197 F.3d 644 (3d Cir. 1999) and Mason v. Meyers, 208 F.3d 414 (3d
Cir. 2000).
NOW, THEREFORE, IT IS ORDERED this fi? day of January, 2007,
that, on or before February , 2007, the petitioner must file the attached election
form with the court. Failure to timely return the completed election form will result inthe .
courts ruling on the pending petition as filed.
/ } n { I=. _ _.
I/if I »-·· tE‘i“Y`;`4" ,l.
H nora e Mary Pat n e
KS. l\/I istrate Judge
2

Case 1:06-cv-00798-SLR Document 6 Filed O1/17/2007 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WINIFRED O. BROWN, SR., )
I
Petitioner, ) `
I
v. ) Civil Action No. 06-798-*** ·
I
THOMAS L. CARROLL, )
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
I
Respondents. )
AEDPA ELECTION FORM
1. 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
receive certification to do so from the
United States Court of Appeals for the ‘
Third Circuit; therefore, this amended
all-inclusive petition will be my one
opportunity to seek federal habeas corpus
relief.

Case 1:06-cv-00798-SLR Document 6 Filed O1/17/2007 Page 4 of 4
3. I wish to withdraw my § 2254 petition
without prejudice to file one all-inclusive I
petition in th future; that is, one '
that raises all the grounds I have for `
federal habeas corpus relief. I realize
this aIl—incIusive 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 417 (3d Cir. 2000).
4. I am not seeking federal habeas corpus
relief under § 2254. I am instead seeking -
relief under .
Petitioner I