NON-CAPITAL CASE HABEAS PETITIONS (STATE CUSTODY)

(a)  This rule governs the procedures for a petition for a writ of habeas corpus filed under 28 U.S.C. §§ 2241 and 2254 (“petition”) in a non-capital case. These rules supplement the Rules Governing Section 2254 Cases and do not alter or supersede those rules.

(b)  The petition must be presented in writing, accompanied by the filing fee or an in forma pauperis request. The Court will supply a blank copy of a habeas corpus form and instructions to a petitioner upon request.

(c)  The Court will perform an initial review of a § 2241 or § 2254 petition pursuant to Rule 4 of the Rules Governing § 2254 Cases.

(d)  Upon completion of the initial review of the petition, the court may summarily dismiss the petition in whole or in part; require amendment; stay the case to permit the petitioner to exhaust state court remedies; or require the respondent to file an answer, pre-answer motion, or other briefing in response to the initial review order, and to lodge necessary portions of the records with the Clerk of Court.

(e)  If the Court authorizes the petition to proceed in whole or in part, the court will direct the Clerk of Court to serve the respondent with a copy of the petition and the court order.

(f)  If the Court grants relief on a state prisoner’s petition, the Clerk of Court must notify the respondent immediately by forwarding an electronic copy of the order granting relief to counsel for the respondent at counsel’s designated ECF address.

RELATED AUTHORITY

28 U.S.C. §§ 1915, 2241-2254
Rules Governing Section 2254
Cases in U.S. District Courts