Local Rule Rule 9.3: Petitions for Writs of Habeas Corpus pursuant to 28 U.S.C. § 2254 (non-death penalty)

Rule 9.3 Petitions for Writs of Habeas Corpus pursuant to 28 U.S.C. § 2254 (non-death penalty)

A. Scope

These rules shall apply in the United States District Court for the Eastern District of Pennsylvania, in all non-capital proceedings initiated under 28 U.S.C. § 2254. In addition to these rules, all parties should also consult 28 U.S.C. § 2254, the applicable provisions of the federal habeas corpus statute at 28 U.S.C. §§ 2241-2266, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), P.L. 104-132, effective April 24, 1996, and the Rules Governing Section 2254 Cases in the United States District Courts.

B. The Petition

1. Naming the Respondents

a. If the petitioner is currently serving a state court sentence and (s)he is challenging that state court conviction/sentence or the calculation of the sentence, (s)he must name as the respondent the state officer who has custody (i.e., the warden or superintendent of the facility where (s)he is confined). The petitioner must also name as respondents the District Attorney of the county in which (s)he was convicted and sentenced, and the Attorney General of the State in which (s)he was convicted and sentenced.

b. If the petitioner is challenging probation/parole proceedings, or if (s)he is currently on parole or probation, (s)he must name the Pennsylvania Board of Probation and Parole as the respondent along with the District Attorney of the county in which (s)he was convicted and sentenced, and the Attorney General of the State in which (s)he was convicted and sentenced.

2. Form

a. Form of Petition. A petitioner who files a petition seeking relief pursuant to 28 U.S.C. § 2254 shall submit the petition on the standard form supplied by this Court, and shall provide all of the information required by the form. Any attempt to circumvent this requirement by purporting to incorporate by reference other documents may result in dismissal of the petition. Only one side of each page may contain writing; no writing or typing shall be made on the back of any page of the filing.

b. Content. The petitioner may challenge only one conviction in a single petition unless multiple cases were consolidated for trial and appeal. A separate petition is required to challenge additional convictions, even if they arose in the same jurisdiction. The petitioner is to state all claims for relief, provide specific facts supporting each argument and identify the relief requested. Failure to include all claims for relief in one, comprehensive petition, may result in dismissal of any subsequently filed petition.

c. Memorandum of Law. An accompanying memorandum of law is not required but may be filed at the time the petition is filed or within 30 (thirty) days of the filing of the petition. A petitioner may seek to extend the time for filing a memorandum by filing a motion stating good cause for additional time. The memorandum may not exceed thirty (30) pages, double spaced and single sided, excluding exhibits, and petitioner may seek to amend the page limit by filing a motion stating good cause therefor. The Petitioner may refer to, but need not attach, documents that are included in the state court record.

C. The Answer and Reply.

1. The Answer.

a. When Required. Upon directive of the Court, the respondents shall file an Answer to the petition.

b. Contents. The Answer is not a responsive pleading that simply admits or denies the allegations contained in the petition. In habeas petitions challenging state conviction/sentence, the Answer shall contain a discussion of the relevant procedural history of all state proceedings, including the state Court trial, direct appeal, and post-conviction proceedings. In habeas petitions challenging state parole proceedings, the Answer shall contain the relevant procedural and factual history of the parole proceedings and any state Court proceedings which related to the parole proceedings. The answer may not exceed thirty (30) pages, double spaced and single sided, excluding exhibits, and respondents may seek to amend the page limit by filing a motion stating good cause therefor.

If the respondents maintain that the petition was filed outside the limitations period, they may forego a discussion of other procedural defenses and/or the merits of the claims presented in the petition. Respondents must serve the Answer on the petitioner.

c. State Court Record. Although the Court will attempt to obtain the complete state court record, including transcripts (pretrial, trial, sentencing, and post-conviction proceedings), pleadings, briefs, opinions, and state court orders, from the appropriate Court of Common Pleas, the respondents will be responsible for supplementing the record with any missing documents as directed by the Court. If the respondent provides the Court with the state court record, the respondents shall also submit an index of all material, with page references.

The Clerk of Court shall note on the docket that the original state court record has been received. State court records are not part of this Court's permanent case file and will be returned to the appropriate state court upon final disposition, including appeals.

2. The Reply (previously known as a Traverse).

Although not required, if the petitioner chooses to file a Reply, it must be filed within 30 (thirty) days of the filing of the Answer. The reply shall not exceed thirty (30) pages, single sided and double spaced, excluding exhibits. The petitioner may refer to, but need not include, documents that are included in the state court record. Petitioner may file a motion to extend the time and page limits stating good cause for the request.

D. Appointment of Counsel.

There is no constitutional right to counsel in § 2254 proceedings. However, where the interest of justice requires, the court has discretion to appoint counsel to financially eligible petitioners. 18 U.S.C. § 3006A(a)(2).

E. Summary Dismissal.

If it plainly appears from the petition and any attached exhibits that petitioner is not entitled to relief, the Court may, after appropriate notice to petitioner and respondents, dismiss the petition without ordering a response. In considering summary dismissal, the Court may, as justice requires, take any action it deems appropriate to ensure the prompt review and disposal of the matter, including the use of an order directing a limited response or further submission by the petitioner or respondents addressing discrete issues such as timeliness and exhaustion. Any such limited submissions ordered by the Court shall be without prejudice to the parties' right to address the merits of the claims or other procedural issues if the petition is not summarily dismissed.