Free Order - District Court of Delaware - Delaware

Case 1:04-cv-00361-JJF Document 23 Filed O3/08/2006 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DANIEL A. WEBSTER, ;
Petitioner, i
v. E Civ. Act. No. 04-361-JJF
RICK KEARNEY, Warden, and M. E
JANE BRADY, Attorney General :
of the State of Delaware, :
Respondents. Q
O R D E R
At Wilmington, this Q; day of March 2006, for the reasons
set forth in the Memorandum Opinion issued this date,
IT IS HEREBY ORDERED that:
I. Petitioner Daniel A. Webster's claim based on the
Fourth Amendment is DISMISSED for failing to present an issue
cognizahle on federal habeas review. (D.I. 2, at T l2(b).)
2. Not later than March 30, 2006, Petitioner Daniel A.
Webster shall either: (l) inform the Court in writing that he
intends to delete the unexhausted claims for ineffective
assistance of counsel and double jeopardy from his Petition and
proceed only with his exhausted claim related to his mental
illness defense; or (2) file a Memorandum addressing whether he
had good cause for his failure to exhaust his claims for
ineffective assistance of counsel and double jeopardy so that the
Court can determine whether a stay of the Petition is warranted
w

Case 1:04-cv-00361-JJF Document 23 Filed O3/08/2006 Page 2 of 2
to allow Petitioner an opportunity to present these claims to the
Delaware state courts.
3. If Petitioner fails to comply with either
§£m§rnative, the Court will presume that Petitioner did not have
good cause for his failure to exhaust state court remedies for
his unexhausted claims and dismiss the Petition in its entirety
as a mixed Petition.
4. Because Petitioner has failed to make a
“substantial showing of the denial of a constitutional right,”
the Court declines to issue a Certificate of Appealability
pursuant to 28 U.S.C. § 2253(c)(2).
*.; .;; i; ;§ G-·~ » l
UN " DISTRICT UDGE

Case 1:04-cv-00361-JJF

Document 23

Filed 03/08/2006

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Case 1:04-cv-00361-JJF

Document 23

Filed 03/08/2006

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