Motion To Vacate

MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY. To use this form, you must be a person who is serving a sentence under a judgment against you in a federal court. You are asking for relief from the conviction or the sentence. This form is your motion for relief. You must file the form in the United States district court that entered the judgment that you are challenging. If you want to challenge a federal judgment that imposed a sentence to be served in the future, you should file the motion in the federal court that entered that judgment. No fee is required to file this motion. Upon the judge’s determination that an evidentiary hearing will be required, you may be asked to submit an application to proceed in forma pauperis demonstrating your eligibility for appointed counsel. The forms can be obtained from the Clerk’s Office in the federal district court in which you will be filing your petition. Also, you must submit a certificate signed by an officer at the institution where you are confined showing the amount of money that the institution is holding for you. In this motion, you may challenge the judgment entered by only one court. If you want to challenge a judgment entered by a different judge or division (either in the same district or in a different district), you must file a separate motion. www.FormsWorkflow.com