Local Rule 5.7: Pro Se Civil-Rights Cases and Collateral Attacks on Criminal Convictions

Rule 5.7 Pro Se Civil-Rights Cases and Collateral Attacks on Criminal Convictions

(A) Required Forms. A party not represented by an attorney must file any of these only on a form available without charge from the Clerk or on the District's website: a petition for a writ of habeas corpus, a motion for relief under 28 U.S.C. § 2255, or a complaint in a civil-rights case. A case is a civil-rights case if it asserts a claim under the United States Constitution or a statute creating individual rights, including, for example, 42 U.S.C. § 1983 or the Civil Rights Act of 1964. The Court need not—and ordinarily will not—consider a petition, motion, or complaint that is not filed on the proper form.

(B) Requirement to Set Out Claims and Facts as Part of the Form; Memorandum Optional. A petition, motion, or complaint described in subdivision (A) must set out specific claims and supporting facts and may not make reference to a memorandum. A party may, but need not, also file a memorandum with the petition, motion, or complaint. A petition, motion, or complaint, together with any memorandum, must not exceed 25 pages, unless the Court authorizes it.

(C) Applicability of Federal Rules in Collateral Attacks. The Rules Governing Section 2254 Cases in the United States District Courts, as adopted by the Supreme Court, apply to all habeas corpus petitions in this District whether or not filed under section 2254. The Rules Governing Section 2255 Proceedings for the United States District Courts, as adopted by the Supreme Court, apply to all section 2255 motions.