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Motion Under 28 USC 2244 For Order Authorizing District Court To Consider Second Or Successive Application (6th CCOA) - Official Federal Forms
| Motion Under 28 USC 2244 For Order Authorizing District Court To Consider Second Or Successive Application (6th CCOA) Form. This is a national form and can be used in 6th Circuit Court Of Appeals Circuit Court Of Appeals . |
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United States Cou rt of Appe als for th e Sixth Circu it INSTRUCTIONS FOR FILING MOTION UNDER 28 U.S. C. 2244 FOR ORDER AUTHORIZING DISTRICT COURT TO CONSIDER SECOND OR SUCCESSIVE APPLICATION FOR R ELIEF UNDER 28 U.S.C. 2254 OR 2255 Unless your prior application for relief was granted, or denied as premature o r for failure to exhaust st ate court remedies, permissi on must be obtained from the Court of Appeals before a party can file a second or successive habea s corpus petition under 28 U.S.C . 2254 or motion to vacate under 28 U. S.C. 2255. 1. Use the attached form to file a MOTION UNDER 28 U.S. C. 2244 TO SEEK AUTHORIZATION TO FILE A S ECOND OR S UCCESSIVE APPLICATION FOR R ELIEF UNDER 28 U.S.C. 2254 OR 2255. 2. Answer completely all the questions on the attached form. Your failure to provide complete answers may r esult in the court denying your motion. 3. You must attach to your motion copies of the following documents: A. The 2254 or 2255 application that you want to file in the district court if the Court of Appeals grant s your motion. B. All 225 4 or 2255 applications that you previously filed in any federal court challenging the judgment of conviction or sentence t hat you now want to challenge. C. All magistrate judges reports and recommendati ons issued in all previous 2254 or 2255 applications that challenged t he judgment of conviction or sentence t hat you now want to challenge. 4. You must sign the motion in three places at t he end of page 4. Your failure to sign the motion or to complete the Proof of Service may result in the court denying your motion. 5. You must file with the Court of Appeals the original and FOUR copies of your motion and all documents attac hed to it. Your failure to provide the original and four copies may result in the court denying your motion. 6. If your motion seeks relief under 28 U.S.C. 2254, you must serve a copy of the motion and all documents at tached to it on the attorney general of the state in which you are confined. Your failure to serve the attorney gen eral m ay resu lt in the court denying your motion. 7. If your motion seeks relief under 28 U.S.C. 2255, y ou must serve a copy of the motion and all documents attached to it on the United States Att orney for the federal judicial district in which you were convicted. Your failure to serv e the United St ates Attor ney may result in the court denying your motion. American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 MOTION UNDER 28 U.S.C. 2244 FOR ORDER AUTHORIZING DISTRICT COURT TO CONSIDER SECOND OR SUCCESSIVE APPLICATION FOR RELIEF UNDER 28 U.S.C. 2254 OR 2255 United States Court of A ppeals for the Sixth Circuit Name of Movant Prisoner No. Case Number (leave blank) Place of Confi nement IN RE: , MOVANT 1. Name and location of court which entered the judgment of conviction from which relief is sought: 2. Parties Name s: vs. 3. Docket Num ber: 4. Date of judgment of conviction: 5. Length of sentence: 6. Nature of offense(s) involved (all counts): 7. What was your plea? (Check one ) G Not Guilty G Guilty G Nolo Contendere8. If you pleaded not guilty, what kind of trial did you have? Check one) G Jury G Judg e only9. Did you testify at your trial? (Check one) G Yes G No10. Did you appeal from the judgment of conviction (Check one) G Yes G No 11. If you did appeal, what was the Name of court appealed to: Parties names on appeal: vs. Docket number of appeal: Date of decision: American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 3 Result of appeal: 12. Other than a direct appe al from the judgment of conviction and sente nce, have you filed any other petitions, applications for relief, or other motions regard ing this judgment in any federal court? G Yes G No 13. If you answered yes to question 12, answer th e following questions: A. FIRST PETITION , APPLICATION, OR MOTION (1) In what court did you file the petition, application, or motion? (2) What were the parties names? vs. (3) What was the docket number of the case? (4) What relief did you seek? (5) What grounds for relief did you state in your petition, application, or motion? (6) Did the court hold an evidentiary hearing on your petition, application or motion? G Yes G No (7) What was the result? G Relief granted G Relief denied on the merits G Relief denied for G Relief denied for procedura l default failure to exhaust G Relief denied as prema ture G Case transferr ed to Court of Appeals as request to file second/successive 2254/2255 appl ication for relief (8) Date of courts decision: [NOTE: You must attach copi es of all prior orders granting or denying relief under 2254 or 2255, even i f you believe that you do not need this courts permiss ion to file your current application.] B. SECOND PETITION, APPLICATION, OR MOTION (1) In what court did you file the petition, application, or motion? (2) What were the parties names? vs. (3) What was the docket number of the case? (4) What relief did you seek? (5) What grounds for relief did you state in your petition, application, or motion? (6) Did the court hold an evidentiary hearing on your petition, application or motion? G Yes G No American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 4 (7) What was the result? G Relief granted G Relief denied on the merits G Relief denied for G Relief denied for procedura l default failure to exhaust G Relief denied as prema ture G Case transferr ed to Court of Appeals as request to file second/successive 2254/2255 appl ication for relief (8) Date of courts decision: [NOTE: You must attach copi es of all prior orders granting or denying relief under 2254 or 2255, even i f you believe that you do not need this courts permiss ion to file your current application.] C. THIRD AND SUBSEQUENT PETITIONS , APPLICATIONS , OR MOTIONS For any third or subsequ ent petition, application, or motion, attach a separate page pr oviding the information required in items (1) through (8) above for first and second pet itions, applications, or motions. D. PRIOR APPELLATE REVIEW (S ) Did you appeal any o rder regarding your petitions, applications, or motions to a federal court of appeals having jurisdiction over your case? If so, list the docket numbers an d dates of final disposition for all subseque nt petitions, applications, or motions filed in a federal court of appeals. First petition, application, or motion G Yes Appeal No. Date G No Second petition, application, or motion G Yes App
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