Petition For Writ Of Habeas Corpus | Pdf Fpdf Doc Docx | California

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Petition For Writ Of Habeas Corpus | Pdf Fpdf Doc Docx | California

Petition For Writ Of Habeas Corpus

This is a California form that can be used for Civil within Federal, USDC Southern.

Alternate TextLast updated: 2/27/2017

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INSTRUCTIONS FOR FILING PETITION UNDER 28 U.S.C. § 2241 FOR WRIT OF HABEAS CORPUS IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (1) This petition must be legibly handwritten or typewritten. You must tell the truth in the petition and you must sign the petition under penalty of perjury. If you do not tell the truth in this petition, you may be prosecuted for and convicted of perjury. Answer all the questions on the form as concisely as you can. You do not need to cite cases. Include the facts supporting your ground for relief. If briefs or arguments are submitted, they should be submitted as a separate memorandum. You must pay a $5.00 filing fee to have your petition filed. The $5.00 fee must be submitted with the petition, not separately. If you do not have the $5.00 for the filing fee and any other costs, you may request permission to proceed in forma pauperis. To do so, fill out and submit the "Motion to Proceed in Forma Pauperis" form provided by the Court with your petition. You also MUST have an authorized officer at the penal institution complete the "Prison Certificate" statements stating the amount of money and securities on deposit to your credit in any account in the institution. You may only challenge a judgment entered by one court in a single petition. If you want 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. You must include all grounds for relief and all facts supporting such grounds for relief in the petition you file seeking relief from any judgment of conviction. When the petition is fully completed, the original and at least one copy must be mailed to: Clerk of U.S. District Court Southern District of California 333 W. Broadway, Suite 420 San Diego CA 92101 (7) Petitions that do not conform to these instructions will be returned with a notation as to the deficiency. (2) (3) (4) (5) (6) § 2254 SDForm--(Rev. 4/96) I:\Pro Se Law Clerks\HABEAS\KMG\FORMS\2241Form10-2015.wpd American LegalNet, Inc. www.FormsWorkFlow.com NAME PRISON NUMBER PLACE OF CONFINEMENT ADDRESS United States District Court Southern District Of California , (FULL NAME OF PETITIONER) Civil No. (TO BE FILLED IN BY CLERK OF U.S. DISTRICT COURT) Petitioner v. , (NAME OF WARDEN, SUPERINTENDENT, JAILOR, OR AUTHORIZED PERSON HAVING CUSTODY OF PETITIONER, E.G. PAROLE OFFICER) PETITION FOR WRIT OF HABEAS CORPUS Respondent and The Attorney General of the State of California, Additional Respondent. UNDER 28 U.S.C. § 2241 1. Are you currently: " A pretrial detainee (waiting for trial on criminal charges) " Serving a sentence (incarceration, parole, probation, etc.) after having been convicted of a crime If you are currently serving a sentence, provide: (a) Name and location of court that sentenced you: (b) Docket or case number (if you know): (c) Date of sentencing: " Being held on immigration charge " Other (explain): § 2254 SDForm--(Rev. 4/96) I:\Pro Se Law Clerks\HABEAS\KMG\FORMS\2241Form10-2015.wpd American LegalNet, Inc. www.FormsWorkFlow.com 2. Are you currently being held on orders by: " Federal authorities " State authorities " Other - explain: 3. What are you challenging in this petition: " How your sentence is being carried out, calculated, or credited by prison or parole authorities " Pretrial detention " Immigration detention " Detainer " The validity of your conviction or sentence as imposed " Disciplinary proceedings " Other (specify): 4. Provide more information about the decision or action you are challenging: (a) Name and location of the court or agency: (b) (c) Case number, docket number or opinion number (if you know): Decision or action you are challenging (for disciplinary proceedings, specify the penalties imposed): (d) Date of the decision or action: 5. Did you appeal the decision, file a grievance or seek an administrative remedy? G Yes G No (a) If your answer to 5 was "Yes," give the following information: (1) (2) (3) (4) (5) (6) Name of court, agency or authority: Date of filing: Case number, docket number or opinion number: Result: Date of result: Issues raised: § 2254 SDForm--(Rev. 4/96) I:\Pro Se Law Clerks\HABEAS\KMG\FORMS\2241Form10-2015.wpd -2American LegalNet, Inc. www.FormsWorkFlow.com (b) If your answer to 5 was "No,"explain why you did not appeal: 6. After the first appeal, did you file a second appeal to a higher authority, court or agency? G Yes G No (a) If your answer to 6 was "Yes," give the following information: (1) (2) (3) (4) (5) (6) Name of court, agency or authority: Date of filing: Case number, docket number or opinion number: Result: Date of result: Issues raised: (b) If your answer to 5 was "No,"explain why you did not appeal: 7. After the second appeal, did you file a third appeal to a higher authority, agency or court? G Yes G No (a) If your answer to 7 was "Yes," give the following information: (1) (2) (3) (4) (5) (6) Name of court, agency or authority: Date of filing: Case number, docket number or opinion number: Result: Date of result: Issues raised: § 2254 SDForm--(Rev. 4/96) I:\Pro Se Law Clerks\HABEAS\KMG\FORMS\2241Form10-2015.wpd -3American LegalNet, Inc. www.FormsWorkFlow.com (b) If your answer to 7 was "No,"explain why you did not appeal: 8. State concisely every ground on which you claim that you are being held in violation of the constitution, law or treaties of the United States. Summarize briefly the facts supporting each ground. If necessary, you may attach pages stating additional grounds and facts supporting same. CAUTION: In order to proceed in the federal court, you must ordinarily first exhaust your available court remedies as to each ground on which you request action by the federal court. Moreover, if you fail to set forth all grounds in this petition, you may be barred from presenting additional grounds at a later date. You should raise in this petition all available grounds on which you base your allegations that you are being held in custody unlawfully. GROUND ONE: (a) Supporting FACTS (state briefly without citing cases or law) § 2254 SDForm--(Rev. 4/96) I:\Pro Se Law Clerks\HABEAS\KMG\FORMS\2241Form10-2015.wpd -4American LegalNet, Inc. www.FormsWorkFlow.com (b) Did you present Ground One in all appeals that were available to you? G Yes G No GROUND TWO: (a) Supporting FACTS (state briefly without citing cases or law): § 2254 SDForm--(Rev. 4/96) I:\Pro Se Law Clerks\HABEAS\KMG\FORMS\2241Form10-2015.wpd

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