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

Case 1:07-cv-00553-JJF Document 4 Filed 10/01/2007 Page1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MICHAEL BROWN, )
Petitioner, g
v. g Civil Action N0. 07-553-***
RAPHAEL WILLIAMS, g
Warden, and )
ATTORNEY GENERAL OF )
THE STATE OF DELAWARE, )
Respondents. g
O R D E R
WHEREAS, petitioner has filed papers indicating his wish to pursue
federal habeas relief pursuant to 28 U.S.C. § 2254; and
WHEREAS, the court advises petitioner that the Antiterrorism and
Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2244, applies to the
pending petition and imposes a one-year period of limitation on the filing of habeas
petitions and effectively precludes petitioners from filing a second or subsequent
habeas petition except in the most unusual of circumstances. 28 U.S.C. § 2244(b); 28
U.S.C. § 2244(d)(1),· See United States v. Miller, 197 F.3d 644 (3d Cir. 1999); Mason
v. Meyers, 208 F.3d 414 (3d Cir. 2000); and
WHEREAS, if petitioner is seeking federal habeas relief pursuant to 28
U.S.C. § 2254, he must complete the attached form titled "Petition for Relief From a
Conviction or Sentence By a Person in State Custody" filed pursuant to 28 U.S.C. §

Case 1:07-cv-00553-JJF Document 4 Filed 10/01/2007 Page 2 of 4
2254, designate the proper respondents (petitioner’s custodian and the Attorney
General of the State of Delaware), return the form § 2254 petition to the court, and also
return the attached election form to the court by the date indicated below.
NOW, THEREFORE, IT IS ORDERED this L day of October, 2007;
1. The clerk shall attach to this order the form titled "Petition for Relief
From a Conviction or Sentence By a Person in State Custody" filed pursuant to 28
U.S.C. § 2254.
2. On or before November 1, 2007, petitioner must complete and file with
the court the attached form § 2254 petition and the attached AEDPA election form.
Failure to comply with these requirements and timely return the completed forms as
described above may result in the dismissal ofthe pending action.
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Case 1:07-cv-00553-JJF Document 4 Filed 10/01/2007 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MICHAEL BROWN, )
I
Petitioner, )
I
v. ) Civil Action No. 07-553-***
I
RAPHAEL WILLIAMS, )
Warden, and )
ATTORNEY GENERAL OF )
THE STATE OF DELAWARE, )
I
Respondents. )
AEDPA ELECTION FORM
1. I agree that my pending complaint is a petition for federal
habeas relief filed pursuant to 28 U.S.C. § 2254. I am filing
a proper form forfederal habeas relief pursuant to 28 U.S.C.
§ 2254 along with this election form, and I wish the court to
rule on the grounds asserted in my form § 2254 petition. 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 for the Third Circuit; therefore, this
petition will be my one opportunity to seek federal habeas
corpus relief.
2. I agree that my pending complaint is a petition for
federal habeas relief filed pursuant to 28 U.S.C. §
2254. However, I wish to amend my § 2254 petition to
include all the grounds I have. I will complete and file a
proper form § 2254 petition with all my grounds and
amendments 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

Case 1:07-cv-00553-JJF Document 4 Filed 10/01/2007 Page 4 of 4
relief.
3. I agree that my pending complaint is a petition for
federal habeas relief filed pursuant to 28 U.S.C. §
2254. However, 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 aII—inc|usive
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 do not agree with the court’s re-characterization of my
complaint as a § 2254 petition because I am not seeking
federal habeas corpus relief. I am instead seeking
relief under .
Petitioner

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