Section 46 28 U.S.C. Sec. 2254 Petition

• Library: Remedies 2006 Forms

Model Form for Use in Applications for Habeas Corpus Under 28 U.S.C. § 2254

Name ________________________________________________________________________

Prison number __________________________________________________________________

Place of confinement ____________________________________________________________

United States District Court _______________ District of ______________________________

Case No. ______________________________________________________________________

[to be supplied by Clerk of U. S. District Court]

_____________________, Petitioner

[full name]

v.

_____________________, Respondent

______________________________________________________________________________

(name of warden, superintendent, jailor, or authorized person having custody of petitioner)

and

______________________________________________________________________________

The Attorney General of the State of ________________, Additional Respondent.

(If the petitioner is attacking a judgment that imposed a sentence to be served in the future, the petitioner must fill in the name of the state in which the judgment was entered. If the petitioner has a sentence to be served in the future under a federal judgment that the petitioner wishes to attack, the petitioner should file a motion under 28 U.S.C. § 2255, in the federal court which entered the judgment.)

Petition for Writ of Habeas Corpus by a Person in State Custody

Instructions

(1) This petition must be legibly handwritten or typewritten and signed by the petitioner under penalty of perjury. Any false statement of a material fact may serve as the basis for prosecution and conviction for perjury. All questions must be answered concisely in the proper space on the form.

(2) Additional pages are not permitted except with respect to the facts that you rely on to support your grounds for relief. No citation of authorities needs to be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum.

(3) Upon receipt of a fee of $5, your petition will be filed if it is in proper order.

(4) If you do not have the necessary filing fee, you may request permission to proceed in forma pauperis, in which event you must execute the declaration on the last page, setting forth information establishing your inability to prepay the fees and costs or give security therefor. If you wish to proceed in forma pauperis, you must have an authorized officer at the penal institution complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution. If your prison account exceeds $ ____________, you must pay the filing fee as required by the rule of the district court.

(5) Only judgments entered by one court may be challenged in a single petition. If you seek to challenge judgments entered by different courts, either in the same state or in different states, you must file separate petitions as to each court.

(6) Your attention is directed to the fact that you must include all grounds for relief and all facts supporting those grounds for relief in the petition you file seeking relief from any judgment of conviction.

(7) When the petition is fully completed, the original and two copies must be mailed to the Clerk of the United States District Court, whose address is:

(8) Petitions that do not conform to these instructions will be returned with a notation as to the deficiency.

Petition

1. Name and location of court that entered the judgment of...