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

Case 1:07-cv-00744-SLR Document 2 Filed 12/05/2007 Page1 of4
I
IN THE UNITED STATES DISTRICT COURT ,
FOR THE DISTRICT OF DELAWARE
DENNIS A. ELLIOTT, )
Petitioner, g i
v. g Civil Action No. 07-744-SLR
FAMILY COURT OF g
DELAWARE, and ATTORNEY ) I
GENERAL OF THE STATE )
OF DELAWARE, )
Respondents. g
O R D E R
WHEREAS, you have filed a form petition for federal habeas corpus relief
pursuant to 28 U.S.C. § 2254; and
WHEREAS, the proper respondents to a habeas petition are the Warden
of the facility in which you are incarcerated and the Attorney General of the State of
incarceration; .
‘ WHEREAS, the Antiterrorism and Effective Death Penalty Act of 1996
("AEDPA"), 28 U.S.C. § 2244, effectively precludes petitioners from filing a second or
I subsequent habeas petition except in the most unusual of circumstances; 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 _’l*l_+;_ day of December 2007,

Case 1:07-cv-00744-SLR Document 2 Filed 12/05/2007 Page 2 of 4

that, on or before 9%,*,% I5, gag , you must file the attached election form
with the court. You must also amend your application to include the proper ’
respondents. Failure to timely return the completed election form will result in the
courts ruling on your pending petition as filed. i
United States éistrict Judge _
l
2

Case 1:07-cv-00744-SLR Document 2 Filed 12/05/2007 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DENNIS A. ELLIOTT, )
I
Petitioner, )
I
v. ) Civil Action No. 07-744-SLR
I
FAMILY COURT OF )
DELAWARE, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
-
Respondents. )
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.
l 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
Third Circuit; therefore, this amended
all-inclusive petition will be my one
opportunity to seek federal habeas corpus
relief.

Case 1:07-cv-00744-SLR Document 2 Filed 12/05/2007 Page 4 of 4
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
this all-inclusive petition must be filed
within the one-year period as defined by
28 U.S.C. § 2244(d). gg Swartz v. Meyers,
204 F.3d 417 (3d Cir. 2000).
4. I am not seeking federal habeas corpus
relief under § 2254. I am instead seeking
relief under .
Petitioner
I
I
I
I
I
I

Case 1:07-cv-00744-SLR

Document 2

Filed 12/05/2007

Page 1 of 4

Case 1:07-cv-00744-SLR

Document 2

Filed 12/05/2007

Page 2 of 4

Case 1:07-cv-00744-SLR

Document 2

Filed 12/05/2007

Page 3 of 4

Case 1:07-cv-00744-SLR

Document 2

Filed 12/05/2007

Page 4 of 4