Local Rule LR 83.3: PETITIONS TO STAY EXECUTION OF STATE COURT JUDGMENTS; HABEAS CORPUS PETITIONS

LR 83.3 PETITIONS TO STAY EXECUTION OF STATE COURT JUDGMENTS; HABEAS CORPUS PETITIONS

(A) Procedure for Petitioning to Stay. A petitioner seeking a stay of enforcement of a state court judgment or order shall attach to the petition a copy of all state court opinions and judgments relating to the matter. The petitioner shall also state whether or not petitioner has previously petitioned this Court or any other federal court for relief arising out of this same matter. The reasons for denying relief given by a court that has considered the matter shall be attached to the petition. If the court did not issue a written order stating its reasons for denying relief, a copy of all relevant portions of the transcript shall be attached to the petition. If petitioner raises an issue which was either not raised or not fully exhausted in state court, petitioner shall state the reasons why such action was not taken.

(B) Successive Petitions. A second or successive petition for habeas corpus may be dismissed if the Court finds:

(1) that the petition fails to allege new or different grounds for relief, or

(2) that the failure of the petitioner to assert those grounds in a prior petition constitutes an abuse of the writ, or

(3) that the petition is frivolous and entirely without merit.

Second or successive petitions not dismissed on one of the above-stated grounds shall be given expedited consideration by the Court.