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

Case 1:05-cv-00920-JJF Document 3 Filed O1/17/2006 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LAKISHA SHORT, )
Petitioner, g
v. g Civil Action NO. O5—920—JJF
PATRICK RYAN, g
Warden, and CARL C. DANBERG, )
Attorney General )
of the State of )
Delaware, )
Respondents. g
O R D E R
WHEREAS, you have filed a form petition for federal
habeas corpus relief pursuant to 28 U.S.C. § 2254 and requested
leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915;
and
WHEREAS, based on the information in your affidavit,
your 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 ruling on the merits of
your petition, you must be given notice that the AEDPA applies to

Case 1:05-cv-00920-JJF Document 3 Filed O1/17/2006 Page 2 of 2
your pending petition, see United 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 [~7 day of January,
2006, that, on or before _, ‘ =— , you must
file with the Court, the attached election form. Failure to
timely return the completed election form will result in the
Court’s ruling on your pending petition as filed.
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Sta `el District .‘iJ·dge
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