Local Rule 83.VIII.04: Successive Habeas Corpus Petitions

83.VIII.04: Successive Habeas Corpus Petitions. The Anti-Terrorism and Effective Death Penalty Act of 1996 has placed limitations on successive petitions. In light of conflicting precedents in various federal jurisdictions and because most closed case records are at the Federal Records Center, a magistrate judge or district judge may, in his or her discretion, authorize service of a petition under 28 U.S.C. § 2254 or 28 U.S.C. § 2255 where court records do not conclusively show that a petition is successive. In such circumstances, the respondents may raise successiveness as an affirmative defense.