6 Cir. I.O.P. 22: Habeas Corpus and Section 2255 Proceedings

(a) Motion to File a Second or Successive Application Under 28 U.S.C. § 2254 or § 2255.

An applicant not represented by counsel seeking authorization to file a second or successive application in the district court under 28 U.S.C. § 2254 or § 2255 must file the motion in paper format. If an applicant is represented by counsel, the request for authorization to file the application should be filed electronically as provided in 6 Cir. R. 25 with an electronic copy as provided in 6 Cir. R. 25(b)(1).

(b) Death Penalty Cases.

(1) Panel Assignment. The court maintains a roster of active judges and those senior judges who so elect for making panel assignments in all death penalty cases, including direct appeals in federal death penalty cases. The clerk assigns the panel as soon as the case is docketed. The panel handles all matters in the case, including second or successive petitions, incidental and collateral matters, and separate proceedings questioning the conviction or sentence. An active judge assigned to a panel continues as a member after taking senior status.

(2) Scheduling and Briefing. Special scheduling and briefing requirements apply to death penalty cases. See 6 Cir. R. 31(c)(3) and 32(b)(2).

(c) Appointment of Counsel. When a pro se applicant is the appellee in a 28 U.S.C. §§ 2241, 2254, or 2255 case, the clerk will appoint counsel if the applicant is indigent.

(d) Single Judge Stay. The panel decision is the court's decision unless the en banc court changes it. However, it is the court's policy that an active judge—whether or not a member of the assigned panel—or a senior judge who is a member of the panel, may issue a stay for no longer than necessary to allow the court to rule on a petition for en banc review or a judge's request for en banc review. This policy is consistent with the authority granted a single judge by Rule 8 of the Federal Rules of Appellate Procedure to rule on motions in exceptional circumstances.