Free Order - District Court of Delaware - Delaware

Case 1:04-cv-00361-JJF Document 25 Filed O4/12/2006 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DANIEL A. WEBSTER, :
Petitioner, Q
v. E Civ. Act. No. 04—36l—JJF
RICK KEARNEY, Warden, and M. Q
JANE BRADY, Attorney General :
of the State of Delaware, :
Respondents. Z
O R D E R
WHEREAS, in June 2004, Petitioner Daniel A. Webster filed an
Application for a Writ of Habeas Corpus pursuant to 28 U.S.C. §
2254 (“Petition”) (D.I. 2.);
WHEREAS, in a Memorandum Opinion dated March 8, 2006, the
Court determined that the Petition contains both unexhausted and
exhausted claims and thus, Petitioner must either voluntarily
dismiss the unexhausted claims for the Court to provide federal
habeas review of the exhausted claims, or file a Memorandum
addressing whether he had good cause for his failure to exhaust
the unexhausted claims to enable the Court to determine whether
to stay the habeas proceeding to permit proper exhaustion in the
state courts (D.I. 22.);
WHEREAS, the Court directed Petitioner that he had until
March 30, 2006 to inform the Court in writing about how he wished
to proceed, or else the Court would presume Petitioner did not
have good cause for his failure to exhaust state remedies and

Case 1:04-cv-00361-JJF Document 25 Filed 04/12/2006 Page 2 of 3
dismiss the Petition in its entirety as a mixed petition (D.I.
23.);
WHEREAS, on March 8, 2006, the Memorandum Opinion and Order
were mailed to the last address provided by Petitioner in
November 2005:
WHEREAS, on March 17, 2006, the Memorandum Opinion and Order
were returned as “undeliverable”;
WHEREAS, Petitioner has not filed a written statement
voluntarily dismissing his unexhausted claims or explaining good
cause for his failure to exhaust state remedies by the Court-
ordered March 30, 2006 deadline;
WHEREAS, Petitioner apparently has been released from
custody and has failed to inform the Court of his new address and
no action has been taken in this proceeding for a period of at
least three months, see De. Del. L.R. 4l.l (1995};
NOW, THEREFORE, IT IS ORDERED this g§§§ day of April,
2006 that:
l. Petitioner Daniel A. Webster's Application for a Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2254 (D.I. 2.) is DISMISSED
and the relief requested therein is DENIED.
2. The Clerk of the Court is directed to terminate this
habeas action.
3. The Court declines to issue a Certificate of
Appealability pursuant to 28 U.S.C. § 2253(c)(2) because
2

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Petitioner has failed to make a “substantial showing of the
denial of a constitutional right.”
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GN TED`STA ES D` l’‘’‘ Ti DGE
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