Free AEDPA Election Form - District Court of Delaware - Delaware

**"‘ _ Case 1 :08-cv-OOOO8—G|\/IS Document 9 Filed O2/O4/2008 Page 1 of 4
i
IN THE UNITED STATES DISTRICT COURT ·
_ , FOR THE DISTRICT OF DELAWARE g
TYREE STEPHENS, )
)
Petitioner, ) ·
) .
v. ) Civil Action No. 08-OS-GMS I
) 1
CHARLES ALBINO, - ) V I
Warden, (New Jersey ) p if
Southern State Correctional . ) {
Facility), and ATTORNEY ) - l i·———-—·———·?`Y—·~·$$—~-(LW? § i
GENERAL OF THE STATE ) § ;
or DELAWARE, ) g F E —- A 2008 g {
) l’6L_______ ` l
. Rcspcndcnts- ) " as ummm rgijtir I
l t
i · ` AEDPA ELECTION FORM
I. K Iwish 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. [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 amended
all-inclusive petition will be my one
opportunity to seek federal habeas corpus

, "" Case 1 :08-cv-OOOO8—Gl\/IS Document 9 Filed O2/O4/2008 Page 2 of 4
relief. _
3. I wish to withdraw my § 2254 petition
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 E
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, E
204 F.3d 417 (3d Cir. 2000).
4. ` I am not seeking federal habeas corpus
relief under §‘2254. I am instead seeking
relief under .
oa? l
Petiti er {
ff jr · O`? i

Case 1 :08-cv-OOOO8—Gl\/IS Document 9 Filed O2/O4/2008 Page 3 of 4
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RAD 85 (Rev. 8/98) Notice, Consent, and Order of Reference ~ Exercise of Jurisdiction by a United States Magistrate Judge i
` UNTTED STATES Drsrnrcr Counr p
. A (rr —
g2ggr%7;¤/ mfgfmfei S iérrf "L‘ C. uc}: *4 District of Q 6 A fait xg
/7/`/Z G G NOTICE, CONSENT, AND ORDER OF REFERENCE —
EXERCISE OF JURISDICTION BY A UNITED STATES _
Plaintiff MAGISTRAT E JUDGE
V. j [ l
Ohamfes j"}**'°y I LL ` Case Number: _
o 9 - G 8 · Q Mg i
Defendant i
NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE i
TO Exencrsn Junrsmcrron {
In accordance with the provisions of 28 U.S.C. §636(c), and Fed.R.Civ.P. 73, you are notified that a United States
magistratejudge of this district court is available to conduct any or all proceedings in this case including ajury or nonjury trial, `
and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all ig
parties voluntarily consent. li
You may, without adverse substantive consequences, withhold your consent, but this will prevent the court’sjurisdiction
from being exercised by a magistrate judge. If any party withholds consent, the identity ofthe parties consenting or withholding
consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned.
An appeal from a judgment entered by a magistratejudge shall be taken directly to the United States court of appeals for
this judicial circuit in the same manner as an appeal from any other judgment of this district court.
`:
CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE
In accordance with provisions of 28 U.S.C. §636(c) and Fed.R.Civ.P. 73, the parties in this case consent to have a United
States magistrate judge conduct any and all proceedings in this case, including the trial, order the entry of a final judgment, and
conduct all post—judgment proceedings.
Party Represented Signatures Date
iflééé rg gg ftw; Q I illhn #55; 0 Q-
ORDER OF REFERENCE
IT IS ORDERED that this case be referred to
United States Magistrate Judge, to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C.
§636(c) and Fed.R.Civ.P. 73;
Date United States District Judge
NOTE: RETURN TI-HS FORM TO THE CLERK OF TI-IE COURT ONLY IF ALL PARTIES HAVE CONSENTED
ON THIS FORM T O THE EXERCISE OF JU RISDICTION BY A UNITED STATES MAGISTRATE JUDGE.

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Case 1:08-cv-00008-GMS

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Filed 02/04/2008

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Case 1:08-cv-00008-GMS

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Case 1:08-cv-00008-GMS

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Case 1:08-cv-00008-GMS

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