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

Case1:O8-cv—OOO37-JJF D0cument3 Filed O1/31/2008 Page10f2
IN THE UNITED STATES DISTRICT COURT {
FOR THE DISTRICT OE DELAWARE _
MARK ANTHONY KIRK, )
Petitioner, ) §
v. ) Civil Action No. 08-37-JJF E
PERRY PHELPS, ) 1
Warden, and JOSEPH R. )
BIDEN, III, Attorney )
General of the State of ) ~
Delaware, ) E
Respondents. ) Q
0 12 D E 12 ?
WHEREAS, you have filed a form petition for federal J
habeas corpus relief pursuant to 28 U.S.C. § 2254; 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 Q
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 g
your pending petition, see United States v. Miller, 197 F.3d 644 i
(3d Cir. 1999) and Mason v. Meyers, 208 E.3d 414 (3d Cir. 2000). l
NOW, THEREFORE, IT IS ORDERED this ;2!_ day of January, Q
2008, that, on or before A7 you must file the »
attached election form with the Court. Failure to timely return §
§
i

Case 1:08-cv—OOO37-JJF D0cument3 Filed O1/31/2008 Page20f2
the completed election form will result in the Court’s ruling on
U your pending petition as filed. ·
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4 r·'.¤..;.·_ 1 _..._.;.. A
Un®ed ‘i .= `s Distric udge
i
2

Case 1:08-cv-00037-JJF Document 3-2 Filed O1/31/2008 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MARK ANTHONY KIRK, )
)
Petitioner, )
)
v. ) Civil Action No. 08-37-JJF
)
PERRY PHELPS, }
Warden, and JOSEPH R. }
BIDEN, III, Attorney ) -
General of the State of )
Delaware, )
)
Respondents. )
i
!
AEDPA ELECTION FORM E
I. 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
include all the grounds I have. I will
do so within thirty (30) days. 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
y Third Circuit; therefore, this amended
all—inclusive petition will be my one
opportunity to seek federal habeas corpus
relief.
3. I wish to withdraw my § 2254 petition

Case 1:08-cv-00037-JJF Document 3-2 Filed O1/31/2008 Page 2 of 2
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. Meyers,
204 F.3d 4l7 (3d Cir. 2000).
4. I am not seeking federal habeas corpus
relief under § 2254. I am instead seeking
relief under .
Petitioner

Case 1:08-cv-00037-JJF

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Case 1:08-cv-00037-JJF

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