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

Case 1:07-cv-00495-JJF Document5 Filed 08/27/2007 Pagef of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RECARDO B. WEATHERSPOON, )
Petitioner, g
v. 5 Civil Action No. 07-495-***
THOMAS CARROLL, g g
Warden, and ATTORNEY ) B
GENERAL OF THE STATE )
or DELAWARE, I
Respondents. g
O R D E R
WHEREAS, the petitioner has filed a form petition seeking federal habeas
corpus relief pursuant to 28 U.S.C. § 2254 and has requested leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915; and
WHEREAS, based on the information in petitioner’s affidavit, the request
to proceed in forma pauperis is granted; and
WHEREAS, the Antiterrorism and Effective Death Penalty Act of 1996
("AEDPA"), 28 U.S.C. § 2244, effectively precludes petitioners from filing a second or
subsequent habeas petition except in the most unusual of circumstances; and
WHEREAS, the United States Court of Appeals for the Third Circuit has
mandated that, before this court may rule on the merits of the petition, the petitioner
must be given notice that the AEDPA applies to the pending petition. See United

Case 1:07-cv-00495-JJF Document 5 Filed 08/27/2007 Page 2 of 4
States v. Mil/er, 197 F.3d 644 (3d Cir. 1999) and Mason v. Meyers, 208 F.3d 414 (3d
Cir. 2000).
Ajtc
NOW, THEREFORE, IT IS ORDERED this day of August,
G "l\`
2007, that, on or before September JW , 2007, the petitioner must file the
attached election form with the court. Failure to timely return the completed election
form will result in the court’s ruling on the pending petition as filed.
Honorable Leonard P. Stark
U.S. Magistrate Judge
2

Case 1:07-cv-00495-JJF Document 5 Filed 08/27/2007 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RECARDO B. WEATHERSPOON, )
I
Petitioner, )
I
v. ) Civil Action No. 07-495-***
I
THOMAS CARROLL, )
Warden, and ATTORNEY )
GENERAL OF THE STATE )
OF DELAWARE, )
I
Respondents. )
AEDPA ELECTION FORM
1. I wish the court to rule on my § 2254
petition as currently pending. 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 my § 2254 petition 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.

Case 1:07-cv-00495-JJF Document 5 Filed 08/27/2007 Page 4 of 4
3. 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 al|—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. l am not seeking federal habeas corpus
relief under § 2254. I am instead seeking
relief under .
Petitioner