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

Case 1:08-cv-00474-GMS

Document 6

Filed 08/18/2008

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELA WARE

LARRY E. JOHNSON, Petitioner,

v.
PERRY PHELPS, Warden, and ATTORNEY GENERAL OF THE STATE OF DELAWARE, Respondents.

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Civil Action No.

08-~·74-GMS

ORDER
WHEREAS, you have filed a form petition for federal habeas corpus relief pursuant to 28 U.S.C. § 2254; and WHEREAS, the Antiterrorism and Effective Death Penalty Act of 1996 (ItAEDPA It ), 28 U.S.C. § 2244, effectively precludes petitioners from filing a second or subsequent habeas petition except in the most unusual of circumsta:lces; and WHEREAS, the United States Court of Appeals for the Third Circuit has mandated that, before ruling on the merits of a your petition, you must be given notice that the AEDPA applies to 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
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August, 2008, that you must file the attached election form with the court on or before

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,2008. Failure to timely return the completed election form wil1 result in

Case 1:08-cv-00474-GMS

Document 6

Filed 08/18/2008

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the court's ruling on your pending petition as filed.

Chief, United States District Judge

~G 18 2008

u.s. DISTRICT COURT DISTRICT OF DELAWARE

F:ILED

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Case 1:08-cv-00474-GMS

Document 6

Filed 08/18/2008

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE


LARRY E. JOHNSON, Petitioner,

v.
PERRY PHELPS,
Warden, and ATTORNEY
GENERAL OF THE STATE
OF DELAWARE,
Respondents.

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Civil Action No. 08-474-GMS

AEDPA ELECTION FORM

1. ____

I wish the court to rule on my § 2254 petition as currently pending. I realize that the law does not allow me to file successive or later petitions unless I receive certification to do so from the United States Court of Appeals for the Third Circuit; therefore, this petition will be my one opportunity to seek federal habeas corpus relief.

2. _ _ __

I wish to amend my § 2254 petition to inc1ude all the grounds I have. I will do so within thirty (30) days. I realiz,e that the law does not allow me to file successive or later petitions unless I receive certification to do so from the United States Court of Appeals for the Third Circuit; therefore, this amended. all-inclusive petition will be my one opportunity to seek federal habeas COlpUS relief.

Case 1:08-cv-00474-GMS

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Filed 08/18/2008

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3. _ __


I wish to withdraw my § 2254 petitic'n without prejudice to file one all-inclusive petition in the future; that is, one that raises all the grounds I have for federal habeas corpus relief. I realize this all-inclusive petition must be filed within the one-year period as defined by 28 U.S.C. § 2244(d). See Swartz v. },{eyers, 204 F.3d 417 (3d Cir. 2000).

4. _ __


I am not seeking federal habeas corpus relief under § 2254. I am instead seeking relief under

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Petitioner