Free Order (AEDPA) Service Order (2254) - District Court of Delaware - Delaware

Case 1 :07-cv—00639-GIVIS Document 10 Filed 05/20/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT C()URT
FOR THE DISTRICT OF DELAWARE
BRAHEEM POTEAT )
Petitioner, g
v. ) Civil Action No. 07-639-GMS
PERRY PHELPS, )
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
Respondents. ' g
O R D E R
At Wilmington thi of May 2008, the petition of Braheem Poteat for a Writ of
Habeas Corpus having been reviewed pursuant to Rule 4, 28 U.S.C. foll. § 2254;
IT IS HEREBY ORDERED that:
l. Pursuant to Rules 3(b) and 4, 28 U.S.C. foll. § 2254, the clerk shall forthwith serve a
copy of the petition ( D.I. l), the letter requesting to re-open the case (D.I. 7), the order re-
opening the case (D.I. 8), the AEDPA election form (D.l.9), and this order upon: (1) the above-
named Warden of the facility in which petitioner is housed; and (2) the Attomey General of the
State of Delaware.
2. Within forty-tive (45) days of service of the petition and this order, in accordance
with Rule 5, 28 U.S.C. foll. § 2254, respondents shall:
lWarden Perry Phelps assumed office in January 2008, replacing warden Thomas Carroll,
a former party to this case. See Fed. R. Civ. P. 25(d).
l

Case 1:07-cv—00639-G|\/IS Document 10 Filed 05/20/2008 Page 2 of 2
a. State whether the petitioner has exhausted his state remedies including any
post-conviction remedies available to him under the statutes or procedural rules of the State and
including also his right of appeal both from the judgment of conviction and from any adverse
judgment or order in the post-conviction proceeding;
b. State whether any claim in the petition is barred by a procedural bar, non-
retroactivity, or the statute of limitations;
c. Respond to the allegations of the petition;
d. Indicate what transcripts (of pretrial, trial, sentencing, and post-conviction
proceedings) are available, when they can be furnished, and also what proceedings have been
recorded and not transcribed;
e. Attach to the answer certified copies of such portions ofthe transcripts as may
be material to the questions raised in the petition, as well as certified copies of the petitioner’s
brief(s) on appeal (direct and/or post-conviction) and of the opinion(s) of the appellate court, if
any.
f. Attach to the answer copies of any Rule 61 affidavits filed by petitioner’s
trial and/or appellate counsel in response to allegations of ineffective assistance of counsel
raised in a petiti0ner’s post-conviction proceeding filed pursuant to Delaware Superior
Court Criminal Rule 61.
3. The clerk shall mail a copy of this order forthwith to the petitioner.
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Case 1:07-cv-00639-GMS

Document 10

Filed 05/20/2008

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Case 1:07-cv-00639-GMS

Document 10

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