Motion For Order Authorizing District Court To Consider Second Or Successive Application

04/02/2018 SCC United States Court of Appeals for the Fourth Circuit Instructions for Filing Motion Under 28 U.S.C. 247 2244 For Order Authorizing District Court to Consider Second or Successive Application for Relief Under 28 U.S.C. 247247 2254 or 2255 1. Use the attached form to file a DOCUMENTS ARE SCANNED INTO ELECTRONIC FORM AND POSTED TO THE DOCKET. DO NOT USE STAPLES, TAPE OR BINDING. American LegalNet, Inc. www.FormsWorkFlow.com MOTION UNDER 28 U.S.C. 247 2244 FOR ORDER AUTHORIZING DISTRICT COURT TO CONSIDER SECOND OR SUCCESSIVE APPLICATION FOR RELIEF UNDER 28 U.S.C. 247247 2254 OR 2255 United States Court of Appeals for the Fourth Circuit Name of Movant Prisoner Number Case Number (leave blank) Place of Confinement IN RE: , MOVANT 1. Name and location of court which entered the judgment of conviction from which relief is sought: 2. Parties222 Names: vs. 3. Docket Number: 4. Date Filed: 5. Date of judgment of conviction: 6. Length of sentence: 7. Nature of offense(s) involved (all counts): 8. W hat was your plea? (Check one) Not Guilty Guilty Nolo Contendere 9. If you pleaded not guilty, what kind of trial did you have? (Check one) 10. Did you testify at your trial? (Check one) 11. Did you appeal from the judgment of conviction? (Check one) 12. If you did appeal, what was the Jury Yes Yes Judge only No No Name of court appealed to: Parties222 names on appeal: vs. Docket number of appeal: Date of decision: Result of appeal: 13. Other than a direct appeal from the judgment of conviction and sentence, have you filed any other petitions, applica- tions for relief, or other motions regarding this judgment in any federal court? Yes No American LegalNet, Inc. www.FormsWorkFlow.com - 3 - 14. If you answered 223Yes224 to question 13, answer the following questions: A. FIRST PETITION, APPLICATION, OR MOTION (1) In what court did you file the petition, application, or motion? (2) W hat were the parties222 names? vs. (3) W hat was the docket number of the case? (4) W hat relief did you seek? (5) W hat 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? Yes No (7) W hat was the result? Relief granted Relief denied on the merits Relief denied for failure to exhaust Relief denied for procedural default (8) Date of court222s decision: B. SECOND PETITION, APPLICATION, OR MOTION (1) In what court did you file the petition, application, or motion? (2) W hat were the parties222 names? vs. (3) W hat was the docket number of the case? (4) W hat relief did you seek? (5) W hat 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? Yes No (7) W hat was the result? Relief granted Relief denied on the merits Relief denied for failure to exhaust Relief denied for procedural default (8) Date of court222s decision: American LegalNet, Inc. www.FormsWorkFlow.com - 4 - C. THIRD AND SUBSEQUENT PETITIONS, APPLICATIONS, OR MOTIONS For any third or subsequent petition, application, or motion, attach a separate page providing the information required in items (1) through (8) above for first and second petitions, applications, or motions. D. PRIOR APPELLATE REVIEW (S) Did you appeal the results of your petitions, applications, or motions to a federal court of appeals having jurisdiction over your case? If so, list the docket numbers and dates of final disposition for all subsequent petitions, applications, or motions filed in a federal court of appeals. First petition, application, or motion Second petition, application, or motion Yes Yes Appeal No. Appeal No. N o No Subsequent petitions, applications or motions Yes Appeal No. N o Subsequent petitions, applications or motions Subsequent petitions, applications or motions Subsequent petitions, applications or motions Yes Yes Yes Appeal No. Appeal No. Appeal No. N o N o No If you did not appeal from the denial of relief on any of your prior petitions, applications, or motions, state which denials you did not appeal and explain why you did not. 15. Did you present any of the claims in this application in any previous petition, application, or motion for relief under 28 U.S.C. 247 2254 or 247 2255? (Check one) Yes No 16. If your answer to question 15 is 223Yes,224 give the docket number(s) and court(s) in which such claims were raised and state the basis on which relief was denied. 17. If your answer to question 15 is 223No,224 why not? This Court will grant you authority to file in the district court only if you show that you could not have presented your present claims in your previous 247 2254 or 247 2255 app- lication because . . . A. (For 247 2255 motions only) the claims involve 223newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found [you] guilty224; or, B. (For 247 2254 petitions only) 223the factual predicate for the claim could not have been discovered previously through the exercise of due diligence224 and 223the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found [you] guilty of the offense224; or, C. (For both 247 2254 and 247 2255 applicants) the claims involve 223a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court [of the United States], that was previously unavailable.224 American LegalNet, Inc. www.FormsWorkFlow.com - 5 - I did not present the following claims in any previous petition, application, or motion for relief under 28 U.S.C. 247 2254: I did not present the claims listed above in any previous petition, application, or motion because Movant prays that the United States Court of Appeals for the Fourth Circuit grant an Order Authorizing the District Court to Consider Movant222s Second or Successive Application for Relief Under 28 U.S.C. 247247 2254 or 2255. Movant222s Signature I declare under Penalty of Perjury that my answers to all questions in this Motion are true and correct. Executed on [date] Movant222s Signature P R O O F O F S E R V I C E A copy of this motion and all attachments must be sent to the state attorney general (247 2254 cases) or the United States Attorney for the United States judicial district in which you were convicted (247 2255 cases). I certify that on I mailed a copy of this motion and all attachments [date] to at the following address: Movant222s Signature American LegalNet, Inc. www.FormsWorkFlow.com