Habeas Corpus Local Rules United States District Court

United States District Court for the Northern District of California
Petition for a Writ of Habeas Corpus and In Forma Pauperis Application

Instructions for Filing a Petition for a Writ of Habeas Corpus By a Person in State Custody Under 28 U.S.C. § 2254

I. Scope of 28 U.S.C. § 2254

You may file a petition for a writ of habeas corpus under 28 U.S.C. § 2254 if you are in custody pursuant to the judgment of a state court in violation of the federal Constitution or federal laws. You may challenge either the fact or duration of your state sentence; however, any challenge to violations of the federal Constitution or federal law that affects the conditions, as opposed to the fact or duration, of your confinement should be brought in a civil rights complaint under 42 U.S.C. § 1983.

Note that a petition for a writ of habeas corpus under 28 U.S.C. § 2254 will not be granted unless it appears that you have exhausted the remedies available in state court.

II. Filing a Petition

To start a habeas action, you must send the court the following items: (1) an original petition and (2) a check or money order for $5.00 or an original Prisoner's Application to Proceed In Forma Pauperis.

Mail the originals to Clerk of the United States District Court for the Northern District of California, 450 Golden Gate Avenue, Box 36060, San Francisco, CA 94102.

III. Filing Fees

In order for the petition to be filed, it must be accompanied by the filing fee of $5.00. If you are unable to pay the filing fee, you may petition the court to proceed in forma pauperis.

IV. Petition Form

Your petition must be legibly handwritten or typewritten, and you must sign it and declare under penalty of perjury that the facts stated in it are correct.

V. After Petition Is Filed

You will be notified as soon as the court issues an order. It is your responsibility to keep the court informed of any changes of address.

VI. Inquiries And Copying Requests

The court will not answer inquiries concerning the status of your case or provide copies of documents, except at a charge of fifty cents ($0.50) per page.

Petition for a Writ of Habeas Corpus by a Person in State Custody

Last Name
First Name
Initial

Prisoner Number

Institutional Address

Full Name of Petitioner

Name of Respondent (Warden or jailor)

When and Where to File

You should file in the Northern District if you were convicted and sentenced in one of the listed counties or if you are challenging the manner in which your sentence is being executed and are confined in one of those counties.

Who to Name as Respondent

You must name the person in whose actual custody you are. Do not name the State of California, a city, a county or the superior court.

A. Information About Your Conviction and Sentence

1(a). Name and location of court that imposed sentence

1(b). Case number

1(c). Date and terms of sentence

1(d). Are you now in custody serving this term? Yes No

Where? Name of Institution

2. For what crime were you given this sentence?

3. Did you have any of the following?

Arraignment Yes No    Preliminary Hearing Yes No    Motion to Suppress Yes No

4. How did you plead?

Guilty Not Guilty Nolo Contendere Other plea:

5. If you went to trial, what kind of trial did you have?

Jury Judge alone Judge alone on a transcript

6. Did you testify at your trial? Yes No

7. Did you have an attorney at the following proceedings:

(a) Arraignment Yes No
(b) Preliminary hearing Yes No
(c) Time of plea Yes No
(d) Trial Yes No
(e) Sentencing Yes No
(f) Appeal Yes No
(g) Other post-conviction proceeding Yes No

8. Did you appeal your conviction? Yes No

(a) If you did, to what court(s) did you appeal?
Court of Appeal Yes No
Supreme Court of California Yes No
Any other court Yes No

(b) If you appealed, were the grounds the same as those that you are raising in this petition? Yes No

(c) Was there an opinion? Yes No

(d) Did you seek permission to file a late appeal under Rule 31(a)? Yes No

9. Other than appeals, have you previously filed any petitions, applications or motions with respect to this conviction in any court, state or federal? Yes No

Additional Proceedings

I. Name of Court

Type of Proceeding

Grounds raised (Be brief but specific):

a.

b.

c.

d.

Result Date of Result

II. Name of Court

Type of Proceeding

Grounds raised (Be brief but specific):

a.

b.

c.

d.

Result Date of Result

III. Name of Court

Type of Proceeding

Grounds raised (Be brief but specific):

a.

b.

c.

d.

Result Date of Result

(b) Is any petition, appeal or other post-conviction proceeding now pending in any court? Yes No

B. Grounds for Relief

State briefly every reason that you believe you are being confined unlawfully. Give facts to support each claim.

Claim One:

Supporting Facts:

Claim Two:

Supporting Facts:

Claim Three:

Supporting Facts:

If any of these grounds was not previously presented to any other court, state briefly which grounds were not presented and why:

List, by name and citation only, any cases that you think are close factually to yours:

Do you have an attorney for this petition? Yes No

If you do, give the name and address of your attorney:

Prisoner's In Forma Pauperis Application

You must submit a completed Prisoner's In Forma Pauperis Application if you are unable to pay the entire filing fee at the time you file your petition.

Applicant Name

1. Are you presently employed? Yes No

Gross: Net:

Employer:

2. Have you received, within the past twelve (12) months, any money from any of the following sources?

a. Business, Profession or self employment Yes No

b. Income from stocks, bonds, or royalties? Yes No

c. Rent payments? Yes No

d. Pensions, annuities, or life insurance payments? Yes No

e. Federal or State welfare payments, Social Security or other government source? Yes No

3. Are you married? Yes No

Spouse's Full Name:

Spouse's Place of Employment:

Spouse's Monthly Salary, Wages or Income: Gross $ Net $

4(a). List amount you contribute to your spouse's support: $

4(b). List the persons other than your spouse who are dependent upon you for support and indicate how much you contribute toward their support:

5. Do you own or are you buying a home? Yes No

Estimated Market Value: $ Amount of Mortgage: $

6. Do you own an automobile? Yes No

Make Year Model

Is it financed? Yes No If so, Total due: $

Monthly Payment: $

7. Do you have a bank account? Yes No

Name(s) and address(es) of bank:

Present balance(s): $

Do you own any cash? Yes No Amount: $

Do you have any other assets? Yes No

8. What are your monthly expenses?

Rent: $ Utilities:

Food: $ Clothing:

Charge Accounts:

Name of Account Total Owed On Monthly Payment This Account

Name of Account Total Owed On Monthly Payment This Account

9. Do you have any other debts?

I consent to prison officials withdrawing from my trust account and paying to the court the initial partial filing fee and all installment payments required by the court.

Certificate of Funds in Prisoner's Account

Case Number

Prisoner Name

Name of Institution

Average deposits each month for the most recent 6-month period

Average balance each month for the most recent 6-month period