Local Rule LR 83.32.2: Petitions under 28 U.S.C. § 2254 and Motions to Vacate Sentence under 28 U.S.C. § 2255 in Death Penalty Cases

LR 83.32.2 Petitions under 28 U.S.C. § 2254 and Motions to Vacate Sentence under 28 U.S.C. § 2255 in Death Penalty Cases. In a death penalty case: A. A petition for a writ of habeas corpus under 28 U.S.C. § 2254 or a motion to vacate sentence under 28 U.S.C. § 2255 must be accompanied by a cover sheet that lists: 1. petitioner's full name and prisoner number; if prosecuted under a different name or alias that name must be indicated; 2. name of person having custody of petitioner (warden, superintendent, etc.); 3. petitioner's address; 4. name of trial judge; 5. court term and bill of information or indictment number; 6. charges of which petitioner was convicted; 7. sentence for each of the charges; 8. plea entered; 9. whether trial was by jury or to the bench; 10. date of filing, docket numbers, dates of decision and results of direct appeal of the conviction; 11. date of filing, docket numbers, dates of decision and results of any state collateral attack on a state conviction including appeals; 12. date of filing, docket numbers, dates of decision of any prior federal habeas corpus or § 2255 proceedings, including appeals; 13. name and address of each attorney who represented petitioner, identifying the stage at which the attorney represented the litigant. B. A petition for writ of habeas corpus under 28 U.S.C. § 2254 or motion to vacate sentence under 28 U.S.C. § 2255: 1. must list every ground on which the petitioner claims to be entitled to relief under 28 U.S.C. § 2254 ( or § 2255 for federal prisoners) followed by a concise statement of the material facts supporting the claims; 2. must identify at what stage of the proceedings each claim was exhausted in state court if the petition seeks relief from a state court judgment; 3. must contain a table of contents if the petition is more than 25 pages; 4. may contain citation to legal authority that form the basis of the claim. C. Petitioner must file and serve, not later than 60 days after the date of the filing of the petition under § 2254, or motion to vacate sentence under § 2255, a memorandum of law in support. The memorandum of law: 1. must contain a statement of the case; 2. must contain a table of contents if it is more than 25 pages. D. The petition/motion and memorandum together must not exceed 100 pages. E. All documents filed must be succinct and must avoid repetition. F. Respondent need not file a response until the petitioner's supporting memorandum of law is served: 1. The response must not exceed 100 pages. 2. The response must contain a table of contents if it is more than 25 pages. 3. The response must be filed and served within 60 days of service of the petitioner's supporting memorandum of law. G. Any reply to the response must be filed and served within 21 days of service of the response and may not exceed 30 pages. H. Upon motion and for good cause shown, the judge may extend the page limits for any document. I. Upon motion and for good cause shown, the judge may extend the time for filing any document. J. The petitioner must file with the Clerk of the District Court a copy of the "Certificate of Death Penalty Case' required by Third Circuit L.A.R. Misc. 111.2(a). Upon docketing, the clerk of the district court will transmit a copy of the certificate, together with a copy of the petition to the Clerk of the Court of Appeals as required by Third Circuit L.A.R. Misc. 111.2(a). K. Upon the entry of a warrant or order setting an execution date in any case within the geographical boundaries of this district, and in aid of this court's potential jurisdiction, the clerk is directed to monitor the status of the execution and any pending litigation and to establish communications with all parties and relevant state and/or federal courts. Without further order of this court, the clerk may, prior to the filing of a petition, direct parties to lodge with this court (1) relevant portions of previous state and/or federal court records, or the entire record, and (2) pleadings, briefs, and transcripts of any ongoing proceedings. To prevent delay, the case may be assigned to a judge, by the same selection process as for other cases, prior to the execution date. The identity of the judge assigned shall not be disclosed until a petition is actually docketed. L. In accordance with Third Circuit L.A.R. Misc. 111.3(b), at the time a final decision is entered, the court shall state whether a certificate of appealablity is granted or denied. If a certificate of appealability is granted, the court must state the issues that merit the granting of a certificate and must also grant a stay pending disposition of the appeal, except as provided in 28 U.S.C. § 2262.