Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:08-cv-00008-G|\/IS Document 18 Filed 04/18/2008 Page 1 012
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April 10, 2000
Honorable Gregory N. Sleet, U.S.D.J.
United States District Court
J. Caleb Boggs Federal Building
044 N. King Street
Wilmington, Delaware 19001
Re: Tyres Stephens v. Charles Albino, et al.
Civil Action No. 00-00-GNS
Your Honor:
This office is in receipt of this Court’s March 3, 2000,
Order requiring “Char1es Albino, the Warden of Southern State
Correctional Facility" {“Warden"] in the State of New Jersey to
file an answer to the above-captioned petition for writ of habeas
corpus. Please accept this letter as the Warden*s response.
On July 19, 1990, petitioner Tyree Stephens pled guilty to
second degree burglary and conspiracy in the Superior Court of
New Castle County, Delaware, Docket No. 9002005133, and was
sentenced to eighteen months probation. 0n November 15, 2002,
the State of Delaware issued a warrant for petitioner for
violation of probation. The warrant was executed on June 10,
2003, when petitioner was arrested in New Jersey on charges of
robbery and conspiracy to commit robbery. Setitioner waived
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Case 1:08-cv-00008-G|\/IS Document 18 Filed 04/18/2008 Page 2 of 2
extraditicn en the eutstanding warrant and was transpcrted tc the
Gleucester Ceunty Jail in New Jersey.
hlthcugh petitiener is currently incarcerated at Scuthern
State Gcrrectienal Facility in Delmcnt, New Jersey, serving a
sentence cf 5 years with an 85% parele disgualifier fer his
guilty plea tc the New Jersey ccnspiracy tc ccmmit rebbery
cffense, he is nct attacking the New Jersey State ccurt judgment
cf cenvictien. In examining the habeas petiticn, it appears that
petitiener is sclely challenging the validity ef the Delaware
fugitive warrant that was issued against him in 2003 when he was
arrested in New Jersey; nct his New Jersey rcbbery ccnvicticn.
The Warden has been named as a respcndent in this case enly
because petiticner is currently heused in a New Jersey
ccrrectienal facility. In view cf the nature ef petiticner’s
claim, Warden, as respcndent, will rely cn the answer that will
be filed by the Attcrney General cf Delaware. Thus, the Warden,
as respendent, dees net intend te file a separate answer, as the
Warden has nc real interest in this acticn.
Respectfully submitted,
Anne Milgram
Attcrney General cf New Jersey
Attcrns r Respcndent
By: Te ir
De y ttcrney General
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Case 1:08-cv-00008-GMS

Document 18

Filed 04/18/2008

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Case 1:08-cv-00008-GMS

Document 18

Filed 04/18/2008

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