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Last updated: 5/16/2016
Motion For An Order Authorizing (Prisoner In State Custody)
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Description
MOTION FOR AN ORDER AUTHORIZING THE DISTRICT COURT TO CONSIDER A SUCCESSIVE OR SECOND HABEAS CORPUS APPLICATION PURSUANT to 28 U.S.C. §§ 2244 (b), 2254 BY A PRISONER IN STATE CUSTODY. This form is used by a state prisoner to request authorization from the United States Court of Appeals for the Second Circuit to file a successive or second habeas corpus application under 28 U.S.C. §§ 2244(b) and 2254. The prisoner must demonstrate that their claim is either based on a new rule of constitutional law made retroactive by the Supreme Court or on newly discovered evidence that could not have been previously found through due diligence and would likely result in a different outcome if proven. The form requires detailed information about the original conviction, previous post-conviction motions, and the grounds for the new claim. www.FormsWorkflow.com
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