Petition For Writ Of Habeas Corpus (Under 28 USC 2241)

INSTRUCTIONS FOR FILING A HABEAS CORPUS PETITION UNDER 28 U.S.C. §2241 These instructions are meant only to help you understand the forms and to explain some of the Court's procedures. The Court cannot give you legal advice or provide you with copies of cases or other legal materials. This packet contains two copies of a petition form and two copies of a motion to proceed in forma pauperis. You only have to file one copy of each with the Clerk. The extra copies are provided so that you may use them to make a copy of what you are filing. The Court does not have to provide copies to you and anything you file with the Court becomes a part of the official Court record. Asking for the Filing Fee to be Waived The filing fee for a civil lawsuit under 28 U.S.C. § 2241 in the United States District Court for the District of Maryland is $5.00. The filing fee must be paid when you file the petition or you must file a motion to proceed in forma pauperis. A petition filed without either the filing fee or a motion to proceed in forma pauperis does not have to be accepted for filing. PLEASE NOTE: The affidavit you file in support of your motion to proceed in forma pauperis is a statement made UNDER OATH and must be accurate. You may be required to pay the full filing fee or your case may be dismissed if you do not include all requested information or the information provided is not correct. IS THIS FORM FOR YOU? o This form should be filed in the jurisdiction where you are detained. o This form should NOT be used if you are challenging your criminal conviction or your sentence. Federal criminal convictions are challenged using 28 U.S.C.§2255 forms. State criminal convictions are challenged using 28 U.S.C. §2254 forms. o Use this form to challenge the manner in which your sentence is being carried out or to challenge your detention in a facility other than a prison. For example, you may challenge how your release date is being calculated, whether you are allowed assignment to a federal halfway house, or whether you should be confined in a mental health facility. American LegalNet, Inc. www.FormsWorkFlow.com Filling out the Petition Form You may either type your petition OR handwrite it so long as it is easily read. Documents filed with the Court that cannot be read do not have to be accepted for filing. If you need more space to provide any of the information requested, attach additional sheets of paper and indicate that you have done so on the petition form. Generally, the Respondent is the Warden or Adminstrator of the Facility where you are confined. Answer the questions on the petition form carefully and provide as much information as you can. o Some of the questions may not apply to you; simply leave them blank and move on. o You may attach copies of grievances you filed, decisions made in other courts or by other administrative agencies, or other relevant documents. When writing your Statement of Claim (Section IV, page 11 of the petition) you should: o Include all facts and allegations you believe support your claim that you should not be detained as you currently are being detained. o For example: Where are you detained? What is your current release date? What is the policy/rule/decision that you are challenging? Why is your detention unlawful? What should be done differently and why? Why is your sentence improperly calculated? In the last section (Section V) you should state what you want the Court to do in the event judgment is entered in your favor. Money damages ARE NOT available in a habeas corpus action. You must sign the petition. Mail your completed petition to: The Clerk of the Court 101 W. Lombard Street Baltimore, Maryland 21201 2241 Petition (Rev. 03/2011) 2 American LegalNet, Inc. www.FormsWorkFlow.com Representing Yourself Your petition will be reviewed by the Court to make certain it is filled out properly. If additional information is needed, you will be notified. A judge will be assigned and a case number will be provided for your case. o PUT YOUR CASE NUMBER ON ALL DOCUMENTS you send to the Clerk concerning your case. Everything you file in your case should be addressed to: The Clerk of the Court United States District Court 101 West Lombard Street Baltimore, Maryland 21201 You MUST notify the Court in writing of any change in your address while your case is pending. Failing to do so may result in dismissal of your petition. DO NOT try to communicate directly with the judge assigned to your case. If you want to request that something be done in your case you must file a motion or other pleading with the Clerk. Exhibits or other documents already filed by the other party do not need to be filed again; rather, simply refer to the document. You must sign all of the documents you file. Unless otherwise directed by the Court, you do not need to send a copy of everything you file in your case to counsel for Respondent, because the attorney can view your original submissions electronically from the docket. 2241 Petition (Rev. 03/2011) 3 American LegalNet, Inc. www.FormsWorkFlow.com CERTIFICATE OF SERVICE I hereby certify that on this day of , 20 , a copy of this , was mailed, postage prepaid, to (name and address of the attorney or person to whom you sent it). (your signature) It is not necessary to state in the certificate of service that copies were sent to the Court or the Clerk. Do not file any motions or memoranda that are longer than fifty pages unless you have received permission from the Court. Most motions and memoranda should be much shorter than fifty pages. You do not have to file copies of exhibits that are already on file in the same case. For example, if the respondents in your case file an answer and attach as an exhibit to their motion a copy of a parole revocation decision, you do not have to attach a copy of that document to any motions you file. You may simply refer to the copy that is already in the file. You must sign every pleading, motion, and memorandum that you file. You MAY NOT sign someone else's name, nor may you file anything on behalf of someone else. 2241 Petition (Rev. 03/2011) 4 American LegalNet, Inc. www.FormsWorkFlow.com FORM TO BE USED BY A PERSON FILING A PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. §2241 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND (Full name, date of birth, identification number and address of the petitioner) v. Civil Action No. (Leave blank. To be filled in by Court.) (Full name and addr