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

Case 1:06-cv—00038-G|\/IS D0cument6 Filed 02/21/2006 Page1 0f2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
STEPHEN R. WINN, )
Petitioner, i
v. i Civil Action No. 06-38-KAJ
THOMAS CARROLL i
Warden, and CARL C. )
DANBERG, Attorney )
General of the State of )
Delaware, )
Respondents. i
O R D E R
At Wilmington thisC£!?¥day of February, 2006, the petition of
Stephen R. Winn for a Writ of Habeas Corpus having been reviewed
pursuant to Rule 4, 28 U.S.C. foll. § 2254;
IT IS HEREBY ORDERED that:
l. 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. 2.), the memorandum in support (D.I. 5.), the order dated
February 3, 2006 (D.I. 3.), the AEDPA election form (D.I. 4), 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 service of the petition and
this order, in accordance with Rule 5, 28 U.S.C. foll. § 2254,

Case 1:06-cv—00038-G|\/IS Document 6 Filed 02/21/2006 Page 2 of 2
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
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.
3. The clerk shall mail a copy of this order forthwith to the
petitioner. f,»»—»
I/’ ¤ Z Qgi é
PNIT D STA ‘SjDTSTR CT JUDGE `
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