Local Rule 7.4: Habeas Corpus Petitions Under 28 U.S.C. § 2254

7.4 Habeas Corpus Petitions Under 28 U.S.C. § 2254 The following procedures shall govern actions based upon 28 U.S.C. § 2254.

(a) Respondent's Answer.

(1) Unless otherwise ordered by the court, answers to petitions filed under 28 U.S.C. § 2254 shall be due 90 days from the date of the court's order requiring an answer be filed.

(2) In addition to the information and transcripts required by Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts ("§ 2254 Rules"), the answer must include:

(A) A chronological list or state court docket sheet(s) (also known as state court case summaries) identifying all state proceedings (including all pretrial, trial, sentencing, or post-conviction proceedings) that are either related to the conviction and sentence at issue, or related to any claim in the petition, and

(B) A notice stating whether, in addition to transcripts attached to the answer, there are any other transcripts that have not been filed, or state proceedings that have not been transcribed, which are either related to the conviction and sentence at issue, or related to any claim in the petition.

(3) In addition to the briefs and opinions to be filed with the answer under § 2254 Rule 5, the respondent must also file with the answer a copy of:

(A) Any notice of appeal, including any appendix to that notice of appeal, that the petitioner submitted in an appellate court contesting the relevant conviction or sentence, or contesting an adverse judgment or order in a post-conviction proceeding relating to that conviction or sentence; and

(B) Opinions and dispositive orders of any trial court or other tribunal, relating to the claims in the petition, along with any part of the record (including briefs, motions, or parts of transcripts) adopted or otherwise incorporated by reference in such opinions or orders.

(4) A complete copy of the answer, including all documents attached to, filed with, or referenced in the answer, shall be served on petitioner. A certificate of service conforming to LR 5.1(d) shall be included with the filing, listing the documents served upon the petitioner.

(b) Reply. The petitioner may file a reply within thirty (30) days after the respondent files an answer.

(c) Respondent's Hearing Request or Dispositive Motion. Within sixty (60) days of filing its answer to the petition for habeas corpus, the respondent shall file either:

(1) A written statement representing that an evidentiary hearing is necessary to resolve disputed issues of material fact; or

(2) If the respondent believes that there are no disputed issues of material fact, a dispositive motion (e.g., a motion for summary judgment), with specific references, where applicable, to the pertinent transcripts and state court orders. See also LR 56.1 governing memoranda filed in support of motions for summary judgment.

(Added 1/1/01; amended 1/1/03; amended 12/1/13; new §§ (a) and (b) added, § (c) title added 12/1/19; § (c) amended 12/1/21)