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

Case 1:06-cv-00790-SLR Document 10 Filed 02/16/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LAWRENCE B. DICKENS, )
Petitioner, )
v. S Civil Action No. 06-790-SLR
RICHARD KEARNEY, ;
Warden, and JOSEPH )
R. BIDEN III, )
Attorney General of )
the State of Delaware, )
Respondents. )
O R D E R
At Wilmington this _k@; day of February, 2007, the petition of
Lawrence B. Dickens for a Writ of Habeas Corpus having been reviewed
pursuant to 28 U.S.C. § 2254, Rule 4;
IT IS HEREBY ORDERED that:
l. Pursuant to 28 U.S.C. § 2254, Rules 3(b) and 4, the clerk
shall forthwith serve by certified mail a copy of the petition,
appendix, and supporting memorandum (D.I. l; D.I. 2; D.I. 4), the
order dated January l2, 2007 (D.I. 6), the AEDPA election form (D.I.
9), and this order upon: (l) 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 receipt of the petition and
this order, in accordance with 28 U.S.C. § 2254, Rule 5, respondents

Case 1:06-cv-00790-SLR Document 10 Filed O2/16/2007 Page 2 of 3
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;
b. State whether any claim in the petition is barred by a
procedural bar, non-retroactivity, or the statute of limitations;
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
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 the
appellate court, if any.
f. Attach to the answer copies of any Rule 61
affidavits filed by petitioner’s trial and/or 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.
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Case 1:06-cv-00790-SLR D0cument1O Filed O2/16/2007 Page3of3
3. The clerk shell mail a copy of this order forthwith to the
petitioner.
UNITED STA§ES DISTRICT JUDGE
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