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

Case 1:07-cv—OO624-JJF Document 5 Filed 1_2/10/2007 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OE DELAWARE
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DEMERRIS WALKER, : l ‘
Petitioner, E 3
v. Z Civil Action No. 07-624-JJF 2
THOMAS CARROLL, Q j
Warden, and JOSEPH R. : )
BIDEN, III, Attorney : ‘
General of the State of : -
Delaware, : )
· Respondents. Q {
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I L
O R D E R
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At Wilmington this /[) day of December, 2007, the i
petition of Demerris Walker for a Writ of Habeas Corpus having
been reviewed pursuant to 28 U.S.C. § 2254, Rule 4, and
construing Petitioner's response that he “wishes to seek relief
under the Delaware Supreme Court’s decision" to indicate his wish
to proceed under 28 U.S.C. § 2254 (D.I. 4.); ,
IT IS HEREBY ORDERED that:
l. Pursuant to 28 U.S.C. § 2254, Rules 3{b) and 4, the
clerk shall forthwith serve a copy of the petition (D.I. l), the
order dated October 30, 2007 (D.I. 3), the AEDPA election form
(D.I. 4), and this order upon: (I) the above—named Warden of the
facility in which petitioner is housed; and (2) the Attorney
General of the State of Delaware.

Case 1:07-cv—00624-JJF Document 5 Filed 12/10/2007 Page 2 of 3 I
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2. Within forty-five (45) days of receipt of the petition U
and this order, in accordance with 28 U.S.C. § 2254, Rule 5, =
respondents shall: i
a. State whether the petitioner has exhausted his i
state remedies including any post-conviction remedies available i
to him under the statutes or procedural rules of the State and 5
including also his right of appeal both from the judgment of ‘
conviction and from any adverse judgment or order in the post- ;
conviction proceeding; ` 3
b. State whether any claim in the petition is barred 1
by a procedural bar, non—retroactivity, or the statute of Q
limitations; l
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 of the 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
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Case 1:07-cv—00624-JJF Document5 Filed 12/10/2007 Page30f3
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in response to allegations of ineffective assistance of counsel
raised in a petitioner's post-conviction proceeding filed
pursuant to Delaware Superior Court Criminal Rule 61. T
3. The clerk shall mail a copy of this order forthwith to 3
the petitioner. Z
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UN\T 0 ·· @L oisraxcrs JU E

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Case 1:07-cv-00624-JJF

Document 5

Filed 12/10/2007

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Case 1:07-cv-00624-JJF

Document 5

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