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

Case 1:07-cv—0O495-JJF Document 7 Filed 09/12/2007 Page 1 of 2 ‘
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RECARDO B. WEATHERSPOON, )
)
Petitioner, )
)
v. ) Civil Action No. 07-495-***
> r I I. E 0
THOMAS CARROLL, ) ‘
Warden, and ATTORNEY ) (
GENERAL OF THE STATE ) ( SEP I 2 2007
OF DELAWARE, , I L I
) ”{i§TiiE%YrY5i*€0uarE
Respondents. ) srarriiar or warrant
O R D E R
. . . (yrs . .
At Wilmington this day of September, 2007, the petition of Recardo B.
Weatherspoon for a Writ of Habeas Corpus having been reviewed pursuant to Rule 4,
28 U.S.C. foil. § 2254;
IT IS HEREBY ORDERED that;
1. Pursuant to Rules 3(b) and 4, 28 U.S.C. foll. § 2254, the clerk shall forthwith
serve a copy of the petition (D.l. 2), the order dated August 27, 2007 (D.l. 5), the
AEDPA election form (D.I. 6), and this order upon: (1) the above-named Warden of the
facility in which petitioner is housed; and (2) the Attorney General of the State of
Delaware,
2. Within forty—five (45) clays of service of the petition and this order, in
accordance with Rule 5, 28 U.S.C. foil. § 2254, respondents shall:
a. State whether the petitioner has exhausted his state remedies
including any post—convlction 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

Case 1:07-cv—OO495-JJF Document 7 Filed O9/12/2007 Page 2 of 2
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 `
c. Respond to the allegations ofthe 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 andlor appellate counsel in response to allegations of ineffective
assistance of counsel raised in a petitioner’s post—c0nviction 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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Honorable Leonard P. Stark
U.S. Magistrate Judge
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