Local Rule L.R. 83-17.3: Initial Filings and Petitions
C.D. Cal. — Civil rule
L.R. 83-17.3 Initial Filings and Petitions
(a) A prisoner under a judgment of death may file a petition for writ of habeas corpus or a request for appointment of counsel. Such filings shall be made in the Western Division (Los Angeles) of the Central District. Upon such filing, the case shall be randomly assigned to a district judge through the district-wide Death Penalty Assignment Wheel. After filing and assignment, the matter shall be immediately referred to the Capital Case Committee for the appointment of counsel.
(b) Petitions shall be submitted on a form supplied by the Clerk of Court, filled in by printing or typewriting, or as a legible typewritten document which contains all of the information required by that form. All petitions or requests for appointment of counsel: (i) shall state whether the petitioner has previously sought habeas relief arising out of the same matter from this court or any other federal court, together with a copy of the ruling; and (ii) shall clearly identify in the caption any scheduled execution date. Any petition exceeding ten (10) pages in length, excluding exhibits, shall be accompanied by an indexed table of contents setting forth the headings or subheadings contained in the body thereof.
(c) A pro se petitioner need only file the original of the petition. If the petitioner is represented by counsel, counsel for the petitioner shall file the petition in accordance with L.R. 5-4. No filing fee is required.
(d) If the petitioner is not represented by counsel, the Clerk of Court shall immediately serve the California Attorney General's Office by mail, e-mail or fax when an initial filing is received by the Court.
(e) When a petition or request for appointment of counsel is filed by a petitioner who was convicted outside of this district, the Clerk of the Court shall immediately advise the Clerk of the Court of the district in which the petitioner was convicted, and prepare a stay and transfer order for signature of a district court judge.