Local Rule LCvR 9.2: Actions Brought by Incarcerated Persons

LCvR 9.2 Actions Brought by Incarcerated Persons.

(a) Forms. Petitions for writs of habeas corpus pursuant to 28 U.S.C. § 2254 or 28 U.S.C. § 2241, motions to vacate sentence pursuant to 28 U.S.C. § 2255, and civil rights complaints pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), by persons in state or federal custody, shall be on forms provided by the Court Clerk upon request, or from the Court's website at www.oked.uscourts.gov. If a habeas corpus petition, motion to vacate sentence, or complaint is not on the Court-approved form or does not supply the Court with the equivalent information required by such form, the Court may order the pleading be stricken. No pleadings, motions, or other papers shall be held by the Court Clerk for filing, except proposed amended pleadings as set forth in LCvR 9.2(c).

(b) Copies. Petitioners or movants seeking habeas corpus relief under 28 U.S.C. §§ 2241, 2254, or 2255 shall submit to the Court Clerk the original and one copy of the petition or motion. Plaintiffs submitting complaints for civil rights relief must submit the original and one copy of the complaint for the Court and one copy for each of the persons named as a defendant in the complaint. If tendered for filing by mail, petitions, motions or complaints shall be addressed to the Court Clerk at an address designated by the Court Clerk.

(c) Motions to Amend Pleadings. An original proposed amended pleading shall be signed and submitted with any motion for leave to amend a pleading. The motion to amend must include a statement of the reasons for requesting permission to file an amended pleading. Unless otherwise permitted by the Court, each pleading to which an amendment is permitted as a matter of right, or which has been allowed by order of the Court, must be retyped or handwritten and filed so that it is complete in itself including exhibits, without reference to the superseded pleading. Each amended pleading shall contain copies of all exhibits referenced in the amended pleading.

(d) Format. All pleadings, motions, and other papers submitted to the Court for filing by incarcerated persons shall conform with LCvR 5.2 and 7.1.

(e) Responses to Petitions for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. The state court records filed by the respondent in responses to Petitions for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 shall be filed electronically.