Petition For Writ Of Habeas Corpus Under 28 USC 2254 By A Person In State Custody {CIV-68}

CIV 68 - PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2254 BY A PERSON IN STATE CUSTODY. This form is used by individuals who are in state custody in the United States District Court, Southern District of California. It is intended for those seeking to challenge their conviction or sentence. The form requires detailed information about the petitioner, including their current location, details of the conviction being challenged, prior appeals, grounds for relief, and consent for magistrate judge jurisdiction. (If petitioner is attacking a judgment which imposed a sentence to be served in the future, petitioner must fill in the name of the state where the judgment was entered. If petitioner has a sentence to be served in the future under a federal judgment which he wishes to attack, he should file a motion under 28 U.S.C. § 2255, in the federal court that entered the judgment.) (1) This petition must be legibly handwritten or typewritten. You must tell the truth in the petition and you must sign the petition under penalty of perjury. If you do not tell the truth in this petition, you may be prosecuted for and convicted of perjury. (2) Answer all the questions on the form as concisely as you can. You do not need to cite cases. Include the facts supporting your grounds for relief. If briefs or arguments are submitted, they should be submitted as a separate memorandum. (3) You must pay a $5.00 filing fee to have your petition filed. The $5.00 fee must be submitted with the petition, not separately. If you do not have the $5.00 for the filing fee and any other costs, you may request permission to proceed in forma pauperis. To do so, fill out and submit the “Motion to Proceed in Forma Pauperis” form provided by the Court with your petition. You also MUST have an authorized officer at the penal institution complete the “Prison Certificate” statements stating the amount of money and securities on deposit to your credit in any account in the institution. (4) You may only challenge a judgment entered by one court in a single petition. If you want to challenge judgments entered by different courts either in the same state or in different states, you must file separate petitions as to each court. (5) You must include all grounds for relief and all facts supporting such grounds for relief in the petition you file seeking relief from any judgment of conviction. (6) When the petition is fully completed, the original and at least one copy must be mailed to: Clerk of U.S. District Court, 333 West Broadway Suite 420, San Diego CA 92101. (7) Petitions that do not conform to these instructions will be returned with a notation as to the deficiency. www.FormsWorkflow.com