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Petition For Writ Of Habeas Corpus (Under 28 USC 2241) - Maryland
| Petition For Writ Of Habeas Corpus (Under 28 USC 2241) Form. This is a Maryland form and can be used in Pro Se District Court Federal . |
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INSTRUCTIONS FOR PERSONS FILING A PRO SE PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241This packet includes three copies of a form petition and two copies of an in forma pauperis motion. Thereare instructions to help you understand the forms and a little bit about Court procedures, but THE COURTCANNOT GIVE YOU LEGAL ADVICE. The Court may not accept your petition for filing unless youfollow these instructions and provide the information requested in these forms. Is this form for you?Generally, 2241 should not be used to challenge a criminal conviction or sentence. State prisonersseeking to challenge a conviction or sentence can seek relief under 28 U.S.C. 2254. Federal prisonersseeking to challenge a conviction or sentence can seek relief under 28 U.S.C. 2255. This form is notdesigned for use by persons seeking to challenge a criminal conviction or sentence, nor by those seekingto challenge an immigration decision. It may be used by persons who wish to challenge the validity of theirdetention on other grounds (for example, challenges to the calculation of a release date). Persons in Statecustody should note that this Court only has jurisdiction over claims that they are in custody in violation ofthe laws or Constitution of the United States. How to file a petitionTo begin a lawsuit you must file an original and one copy of your petition with the court. You should keepa copy of the petition for your own records. The Court is not responsible for providing copies to you.ALL COPIES MUST BE IDENTICAL TO THE ORIGINAL. Your petition must be legibly handwritten or typed. If you need more space to answer a question you maywrite on the back of the form or attach additional pages. All pages should be 8 by 11".Generally, the Respondent is the warden or administrator of the facility where you are detained. In somecases, there may be other respondents. Answer the questions about related cases and prison grievances carefully. You may attach copies ofdecisions by other courts, grievances, administrative complaints, and responses to your petition. FAILINGTO PROVIDE THE INFORMATION REQUESTED MAY RESULT IN YOUR PETITION NOTBEING FILED OR CAUSE DELAYS IN PROCESSING YOUR PETITION.In your petition state the facts of your case. Focus on who, what, when, where. Specify what relief you want the Court to order. The most common relief sought is an order that thepetitioner be released. Certain other types of relief such as an order for a new hearing in front of anadministrative agency may be available in particular cases. Money damages are not available in a habeas8/99 <<<<<<<<<********>>>>>>>>>>>>> 2corpus action. When the forms are completed mail the original and one copy to: Clerk, United States District Court forthe District of Maryland, 101 West Lombard Street, Baltimore, Maryland 21201. How to ask for the filing fee to be waivedThere is a fee of $5.00 for filing this type of lawsuit. This must be paid at the time your petition is filed. Ifyou are unable to pay the filing fee you may ask the Court to let you proceed in forma pauperis. Thepractice of this Court is that a motion for leave to proceed in forma pauperis will not be granted if, afterpaying the filing fee, you would have $25.00 or more left in your institutional account. Attached are twocopies of a motion and affidavit for leave to proceed in forma pauperis. One should be filed with yourpetition. The other is for your records. Things to know about representing yourselfThere are procedural rules which may apply to this action. Although there are no rules specificallygoverning habeas corpus petitions under 28 U.S.C. 2241, this Court usually applies the Rules GoverningHabeas Corpus Cases Under Section 2254. The Federal Rules of Civil Procedure will apply in somecircumstances, as well as the Local Rules of this Court. Once your petition is received by the Court it will be reviewed and, if you have properly completed theforms and provided all necessary information, a case number and judge will be assigned. Everything thatyou receive from the Court about your case will have the case number on it. Everything that you send tothe Court other than the petition and motion and affidavit to proceed in forma pauperis should have the casenumber on it. Unless directed otherwise, all communications to the Court about your case should be addressed to: Clerk of the Court United States District Court 101 West Lombard Street Baltimore, Maryland 21201You must notify the Court in writing of any change in your address. Failure to do this may resultin dismissal of your case. After you file the petition no communication about your case should be sent directly to any judge. If youwant to ask the Court to do something, you should file a motion. Pleadings and motions should be filedwith the Clerk and a copy should be mailed to the attorney representing the respondent(s) or directly tothe respondent(s) if he/she does not have an attorney. It is important to include a certificate of service on8/99 2<<<<<<<<<********>>>>>>>>>>>>> 3anything you file after your petition showing when you mailed copies and to whom they were sent. Thecertificate of service appears at the end of the pleading or motion and looks like the sample below. CERTIFICATE OF SERVICE I hereby certify that on this ______ day of ___________________, 19__, a copy of this (title of the document) , was mailed, postage prepaid, to (name and address of the attorney or person to whom you sent it). (your signature )It is not necessary to state in the certificate of service that copies were sent to the Court or the Clerk.Do not file any motions or memoranda that are longer than fifty pages unless you have received permissionfrom the Court. Most motions and memoranda should be much shorter than fifty pages.You do not have to file copies of exhibits that are already on file in the same case. For example, if therespondents in your case file an answer and attach as an exhibit to their motion a copy of a parolerevocation decision, you do not have to attach a copy of that document to any motions you file. You maysimply refer to the copy that is already in the file. You must sign every pleading, motion, and memorandum that you file. You MAY NOT sign someoneelses name, nor may you file anything on behalf of someone else. 8/99 3 <<<<<<<<<********>>>>>>>>>>>>> 4 FORM TO BE USED BY A PERSON FILING A PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAN
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