COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.INSTRUCTIONS FOR FILING ACalendar No.PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. §2254FOR A PERSON IN STATE CUSTODYJUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)WHO SHOULD USE THIS FORM. You should use this packet if you: (1) are in state custody; (2) wish to challenge the fact or duration of your confinement; (3) believe your federal constitutional rights have been violated; and (4) do not have a licensed attorney to represent you.1.FILL OUT THE FORM. Petitions must be filed on the attached form. All questions on the form 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.2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3.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.THE PEOPLE OF THE STATE OF NEW YORK TO4.TYPE OR PRINT THE PETITION. Your petition must be typed or legibly handwritten.5.PAPER SIZE. All pleadings and other papers submitted for filing must be on 8 ½ x 11" paper (letter size paper not legal size paper).6.RESPONDENT. Generally the respondent is the Warden at the institution in which you are confined.GREETINGS: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.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 ofEXHAUSTION OF STATE COURT REMEDIES. All claims which you seek to present here must have first been fairly presented to all state courts that have the power to consider them so that the state courts have the first opportunity to consider each of your claims. This court cannot grant relief unless you have exhausted all available state court remedies. See 28 U.S.C. §2254(b)(1).8.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 roomSECOND OR SUCCESSIVE PETITIONS. There are strict limits on filing second or successive petitions which address issues which have been presented in prior petitions for writ of habeas corpus filed under 28 U.S.C. §2254.9.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.See 28 U.S.C. §2244(a), (b). In any event, before a second or successive petition permitted by thissection is filed in this district court, the petitioner must obtain authorization from the U.S. Court of Appeals for the Fifth Circuit. See 28 U.S.C. §2244(b)(3)., one of the Justices of theCourt in Witness, Honorableday of, 20 County,10.PRESENTATION OF ALL CLAIMS. If this is your first petition for writ of habeas corpus filed under 28 U.S.C. §2254, please note that you must include all grounds for relief and all facts supporting such grounds for relief in the petition. Failure to include all grounds for relief may result in those grounds not included being barred at a later date.(Attorney must sign above and type name below)11.SCOPE OF PETITION. 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 or different states, you must file separate petitions as to each court.Attorney(s) for12.S TATUTE OF LIMITATIONS. A 1 year period of limitation shall apply to an application for writ of habeas corpus filed by a person in state custody. See 28 U.S.C. §2244(d)(1).WHERE TO MAIL. 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. Address13.Telephone No.: Facsimile No.: E-Mail Address:DEFICIENT PETITIONS. Petitions which do not conform to these instructions will be returned with a notation as to the deficiency.14.Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comCOURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA DivisionJUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)Sec.P.Petitioner's Name, Prisoner NumberCivil Action NumberState Court Docket NumberJudge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .VS.THE PEOPLE OF THE STATE OF NEW YORK TORespondent (person having custody of petitioner)Magistrate JudgePETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY1.T h en a m ea n da d d r e s so fy o u rp r e s e n tp l a c eo fc o n f i n e m e n t :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 ofo'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 roomAre you presently in custody pursuant to the conviction(s) or sentence that you seek to challenge here? Yes 2.No 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.With regard to the conviction(s) or sentence you are attacking state: a.3.The name, address, and parish of the court entering the judgment of conviction: , one of the Justices of theCourt in Witness, H
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