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

Case 1:06-cv—O0OO3-SLR Document 7 Filed O2/13/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NATHAN GUINN, )
Petitioner, 3
v. 3 Civil Action NO. 06-3-SLR
THOMAS CARROLL, g
Warden, and CARL C. DANBERG, )
Attorney General )
of the State of )
Delaware, )
Respondents. g
O R D E R
At Wilmington this J@yl day of February, 2006, the petition
of Nathan Guinn 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 (D.I. 2), the memorandum in support and appendix (D.I.
3; D.I. 4), the order dated December January l3, 2006 (D.I. 5),
the AEDPA election form,(D.I. 6), 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,

Case 1:06-cv—O0OO3-SLR Document? Filed O2/13/2006 Page2of2
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.
(SL ,

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