Petition For Writ Of Habeas Corpus {AO 242}

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA INSTRUCTIONS FOR FILING A PETITION FOR WRIT OF HABEAS CORPUS PETITION UNDER 28 U.S.C. § 2241 Who Should Use This Form. You should use this form if $ $ $ You are a federal prisoner and you wish to challenge the way your sentence is being carried out (for example, you claim that the Bureau of Prisons miscalculated your sentence or failed to properly award good time credits); You are in federal or state custody because of something other than a judgment of conviction (for example, you are in pretrial detention or are awaiting extradition); or You are alleging that you are illegally detained in immigration custody. Who Should Not Use This Form. You should not use this form if $ $ $ You are challenging the validity of a federal judgment of conviction and sentence (these challenges are generally raised in a motion under 28 U.S.C. § 2255); You are challenging the validity of a state judgment of conviction and sentence (these challenges are generally raised in a petition under 28 U.S.C. § 2254); or You are challenging a final order of removal in an immigration case (these challenges are generally raised in a petition for review directly with a United States Court of Appeals). The petition must be legibly handwritten or typewritten and signed by the petitioner under penalty of perjury. If you make a false statement of material fact, you may be prosecuted for perjury. All questions must be answered concisely in the proper space on the form. If needed, you may attach additional pages. If you attach additional pages, number the pages and identify which section of the petition is being continued. Do NOT write on the back of any page. In order for your petition to be filed, it must be accompanied by the $5.00 filing fee. If you are unable to pay the filing fee, you may petition the court to proceed as an indigent party. An Application to Proceed In Forma Pauperis is included with this petition. No more than one petitioner may be named in a petition. Each petitioner must file a separate petition and Application to Proceed In Forma Pauperis or filing fee. Your petition may be brought in this court only if you are incarcerated in one of the following counties geographically located in the United States District Court for the Northern District of Alabama: BIBB, BLOUNT, CALHOUN, CHEROKEE, CLAY, CLEBURNE, COLBERT, CULLMAN, DEKALB, ETOWAH, FAYETTE, FRANKLIN, GREENE, JACKSON, JEFFERSON, LAMAR, LAUDERDALE, LAWRENCE, LIMESTONE, MADISON, MARION, MARSHALL, MORGAN, PICKENS, SHELBY, ST. CLAIR, SUMTER, TALLADEGA, TUSCALOOSA, WALKER, or WINSTON. You must include in this petition all grounds for relief and all facts supporting such grounds for relief. If you fail to do so, you may be barred from presenting additional grounds at a later date. You must immediately notify the court in writing of any change of address. If you do not, the court may dismiss your case. Mail the original petition and the filing fee of $5.00 or an Application to Proceed In Forma Pauperis to the following address: Clerk's Office, United States District Court, Northern District of Alabama, Room 140, Hugo L. Black U.S. Courthouse, 1729 5th Avenue North, Birmingham, AL 35203-2195 or Clerk's Office, United States District Court, Northern District of Alabama, 101 Holmes Avenue, Huntsville, AL 35801. American LegalNet, Inc. www.FormsWorkFlow.com AO 242 (Rev. 10/16) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA ) ) ) ) ) ) ) ) ) ) ) ) ) ___________________________________________________ Petitioner (Full name) Civil Action No. ___________________ (to be filled in by the Clerk's Office) -v- ____________________________________________________ Respondent (Name of warden or authorized person having custody of petitioner.) PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241 Personal Information 1. (a) (b) 2. Your full name: Other names you have used: Place of confinement: (a) (b) Name of Institution: Address: (c) 3. Your prisoner identification number: Are you currently being held on orders by: Federal authorities State authorities Other ­ explain: 4. 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: 1 American LegalNet, Inc. www.FormsWorkFlow.com (b) (c) Docket number of criminal case: Date of sentencing: Being held on an immigration charge Other (explain) 5. What are you challenging in this petition: How your sentence is being carried out, calculated, or credited by prison or parole authorities (for example, revocation or calculation of good time credits) Pretrial detention Immigration detention Detainer The validity of your conviction or sentence as imposed (for example, sentence beyond the statutory maximum or improperly calculated under the sentencing guidelines) Disciplinary proceedings Other (explain) 6. Provide more information about the decision or action you are challenging: (a) Name and location of the agency or court: (b) (c) Docket number, case number, or opinion number: Decision or action you are challenging (for disciplinary proceedings, specify the penalties imposed): (d) Date of the decision or action: Your Earlier Challenges of the Decision or Action 7. First Appeal Did you appeal the decision, file a grievance, or seek an administrative remedy? (a) Yes No If "Yes," provide: 2 American LegalNet, Inc. www.FormsWorkFlow.com (1) (2) (3) (4) (5) (6) Name of authority, agency, or court: Date of filing: Docket number, case number, or opinion number: Result: Date of result: Issues raised: (b) If you answered "No," explain why you did not appeal: 8. Second Appeal After the first appeal, did you file a second appeal to a higher authority, agency, or court: (a) Yes No If "Yes," provide: (1) (2) (3) (4) (5) (6) Name of authority, agency, or court: Date of filing: Docket number, case number, or opinion number: Result: Date of result: Issues raised: (b) If you answered "No," explain why you did not file a second appeal: 3 American LegalNet, Inc. www.FormsWorkFlow.com 9. Third Appeal After the second appeal, did you file a third appeal to a higher authority, agency, or court: (a) Yes No If "Yes," provide: (1) (2) (3) (4) (5) (6) Name of authority, agency, or court: Date of fili