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

Case 1:06-cv—00058-HB Document 4 Filed 02/27/2006 Page1 of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THOMAS J. CAPANO, )
Petitioner, g
v. ) Civil Action No. 06-58—KAJ
THOMAS CARROLL, Warden, ;
and CARL C. DANBERG, }
Attorney General of the )
State of Delaware, )
Respondents. §
O R D E R
At Wilmington this 27m day of February, 2006, the petition of
Thomas J. Capano for a Writ of Habeas Corpus having been reviewed
pursuant to Rule 4, 28 U.S.C. foll. § 2254;
IT IS HEREBY ORDERED that:
I. Pursuant to Rules 3(b) and 4, 28 U.S.C. foll. § 2254, the
clerk shall forthwith serve by certified mail a copy of the petition
(D.I. l.) and this order upon: (I) 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 Rule 5, 28 U.S.C. foll. § 2254,
respondents 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

Casei:06-cv—00058-HB D0cument4 Filed 02/27/2006 Page20f2
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.
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