Local Rule Civil L. R. 9: Pleading Special Matters
E.D. Wis. — Civil rule
Civil L. R. 9. Pleading Special Matters.
(a) Required Forms for Seeking Release from Custody or Challenging Sentences, and Rules Applicable to Applications Under 28 U.S.C. § 2241.
(1) All persons applying or petitioning for release from custody under 28 U.S.C. § 2241 or 28 U.S.C. § 2254, or moving under 28 U.S.C. § 2255 to challenge a sentence imposed by this Court must file their application, petition, or motion with the Clerk of Court using forms available from the Court. The Clerk of Court will provide the forms and directions for their preparation without charge.
(2) When an application for release from custody under 28 U.S.C. § 2241 is filed, the respondent is not required to file an answer or respond to the application unless directed by the Court. The Court may apply any of the Rules Governing 28 U.S.C. § 2254 Cases in the United States District Courts to applications for release from custody under 28 U.S.C. § 2241.
(b) Required Forms for 42 U.S.C. § 1983 Actions for Deprivations of Federal Rights by Persons Acting Under Color of State Law Commenced by Prisoners Appearing Pro Se.
Prisoners appearing pro se who commence an action under 42 U.S.C. § 1983 for deprivations of federal rights by persons acting under color of state law must file the complaint with the Clerk of Court using the form available from the Court. The Clerk of Court will provide the forms and directions for their preparation without charge.
Committee Comment: Civil L. R. 9(a) has been amended to require use of this District's form for applications for relief pursuant to 28 U.S.C. § 2241. Prior to March 2005, the District did not have a 28 U.S.C. § 2241 form.
Civil L. R. 9(a)(2) is new. There are no rules explicitly governing 28 U.S.C. § 2241. Establishing a general principle regarding the respondent's obligation to answer or respond will be helpful to the parties and to the Court. Rule 1(b) of the Rules Governing 28 U.S.C. § 2254 Cases in the United States District Courts provides that district courts may apply any or all those rules to a habeas corpus petition not covered by 1(a).