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Application For Federal Writ Of Habeas Corpus - Louisiana

Application For Federal Writ Of Habeas Corpus Form. This is a Louisiana form and can be used in Western District District Court Federal .
 Fillable pdf Last Modified 2/23/2005
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COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.INSTRUCTIONS FOR FILING AJUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. §2241FOR A PERSON IN FEDERAL CUSTODY1.WHO SHOULD USE THIS FORM. You should use this packet if you: (1) are in federal custody; (2) wish to challenge the fact or duration of your confinement; (3) believe your federal constitutional rightshave beenviolated; and (4) do not have a licensed attorney to represent you. If you are attacking a federal sentence, you must first file a direct appeal or a motion under 28 U.S.C. §2255 in the federal court which sentenced you.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.FILLOUTTHEFORM. Petitionsmustbefiledontheattachedform. Allquestionsontheform must be answered truthfully and concisely in the proper space on the form. Additional pages are not permitted except with respect to the facts upon which you rely to support your grounds for relief.THE PEOPLE OF THE STATE OF NEW YORK TO3.STATE ONLY FACTS. Your petition must only set forth the facts upon which you rely in support of your petition for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum.GREETINGS:WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,located at County of4.TYPE OR PRINT THE PETITION. Your petition must be typed or legibly handwritten.o'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in room5.PAPER SIZE. All pleadings and other papers submitted for filing must be on 8 ½ x 11" letter size paper.Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.6.RESPONDENT. Generally the respondent is the Warden at the institution in which you are confined.7.FILING FEE. The filing fee of $5.00 must be paid at the time of filing. If you do not have the filing fee, you may request to proceed in forma pauperis. In requesting to proceed in forma pauperis, you must provide the court with information regarding your financial situation and complete the attached forms provided for this purpose., one of the Justices of theCourt in Witness, Honorableday of, 20 County,(Attorney must sign above and type name below)8.SCOPE OF PETITION. Only one sentence, conviction, or parole matter may be challenged in a single petition. Ifyouseek to challenge more than one, you must do so by separate petitions.Attorney(s) for9.WHERETOMAIL. When the petition is fully complete, the original and two copies, along with the filing fee or application to proceed in forma pauperis must be mailed to: Clerk of Court, United States District Court, Western District of Louisiana, 300 Fannin Street, Suite 1167, Shreveport, Louisiana 71101-3083.Office and P.O. Address10.DEFICIENTPETITIONS. Petitions whichdo not conformto these instructions willbe returned with a notation as to the deficiency.Telephone No.: Facsimile No.: E-Mail Address:Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comCOURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA DIVISIONSec.P.Petitioner's Name and NumberCivil Action NumberJudge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .VS.THE PEOPLE OF THE STATE OF NEW YORK TOMagistrate JudgeName of RespondentAPPLICATION FOR FEDERAL WRIT OF HABEAS CORPUSGREETINGS:UNDER 28 U.S.C. §22411. Present place of confinement.WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,located at County of2. Indicate the basis for your petition and complete the portions of the application form indicated:o'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in rooma.A conviction.b.Asentence. CAUTION: If you are attacking a sentence imposed under a federal judgment, you must first file a directmotionunder 28 U.S.C.§2255 in the federal court which entered the judgment.Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.c.Prison discipline.d.A parole problem.e.A detainer placed by the State of., one of the Justices of thef.A deportation order or detainer placed by the Immigration & Naturalization Service.Court in Witness, Honorableday of, 20 County,g.Continued detention in the custody of the Immigration & Naturalization Service.h.Other(Attorney must sign above and type name below)3. PERSONS CHALLENGING A FEDERAL CONVICTION OR SENTENCE COMPLETE THIS PART.Attorney(s) fora.Name and location of court which entered judgment of conviction and the sentence you are currently serving and which is currently under attack.Office and P.O. Addressb.Date of judgment of conviction.Telephone No.: Facsimile No.: E-Mail Address:Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comCOURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.c.Length of sentence imposed.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)d.Name of sentencing judge.e.Nature of the offense(s) for which you were convicted (list all counts).f.What was your plea?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .GuiltyNot Guilty Nolo ContendereTHE PEOPLE OF THE STATE OF NEW YORK TOIf you entered a GUILTY plea to one count or indictment and a NOT GUILTY plea to another count or indictment, give details.GREETINGS:g.Type of trial.WE COMMAND YOU, that all business and e
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