Free Order Reopening Case - District Court of Delaware - Delaware

Case 1 :07-cv—00639-GIVIS Document 8 Filed 04/15/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BRAHEEM POTEAT, )
)
Petitioner, )
)
v. ) Civil Action No. 07-63 9-GMS
)
PERRY PHELPS, Warden, and )
ATTORNEY GENERAL OF )
THE STATE OF DELAWARE, )
)
)
Respondents} )
ORDER TO REOPEN
WHEREAS, petitioner Braheem Poteat filed a petition for tl1e writ of habeas corpus
pursuant to 28 U.S.C. § 2254 on October 16, 2007 (D.I. I.); and
WHEREAS, the court sent Poteat an AEDAPA election fonn informing him of his rights
and providing him with an opportunity to indicate how he wished to proceed (D.I. 4.); and
WHEREAS, after receiving Poteat’s AEDPA election form on November 26, 2007
indicating his wish to voluntarily dismiss his habeas petition, the court dismissed Poteat’s
petition without prejudice on December 17, 2007 (D.I. 5; D.I. 6.); and
WHEREAS, on February 27, 2008, Poteat tiled a letter motion stating that he had not
intended to voluntarily dismiss his case, and asking the court to reopen his habeas proceeding.
'Warden Perry Phelps assumed office in January 2008, replacing former warden Thomas
Carroll, an original party to this case. See Fed. R. Civ. P. 25(d)(l).

Case 1:07-cv—OO639-G|\/IS Document 8 Filed 04/15/2008 Page 2 of 4
NOW, THEREFORE, IT IS ORDERED this I °'l day of [LQ/· ,
2008, that Poteat’s letter motion to reopen his § 2254 petition is QBANTED. (D.I. 7.) Poteat
shall have 30 days to file the attached AEDPA election form indicating his intent with respect
to his original petition. Failure to timely file the attached election form will result in the court’s
ruling on Poteat’s original petition as tiled on October 16, 2007.
CHIEF,é;gIT@ STATES DISTRICT JUDGE
F I JFTETD
ug.? msmtcr enum
RICT OF DELAWARE
2

Case 1:07-cv—OO639-Gl\/IS Document 8 Filed O4/15/2008 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BRAHEEM POTEAT )
)
Petitioner, )
)
v. ) Civil Action No. 07-639-GMS
)
PERRY PHELPS, )
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
)
Respondents. )
AEDPA ELECTION FORM
l. I wish the court to rule on my § 2254
petition as filed on October I6, 2007. 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 the § 2254 petition filed on
October I6, 2007 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
3

Case 1:07-cv—OO639-G|\/IS Document 8 Filed 04/15/2008 Page 4 of 4
3. I wish to withdraw my § 2254 petition
without prejudice to file one all-inclusive
petition inthe 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 417 (3d Cir. 2000).
4. I am not seeking federal habeas corpus
relief under § 2254. I am instead seeking
relief under .
Petitioner
4

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