Local Rule LR PL P 1: Scope

LR PL P 1. Scope.

These Rules shall govern the procedure for the filing of the following actions by, or on behalf of, prisoners in the United States District Court for the Northern District of West Virginia:

(a) Petitions for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (common law habeas corpus);

(b) Petitions for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (state prisoner attacking conviction or sentence);

(c) Motions to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (federal prisoner attacking conviction or sentence);

(d) State civil rights complaints pursuant to 42 U.S.C. § 1983 (prisoner alleging a constitutional deprivation under color of state law);

(e) Federal civil rights complaints filed pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) (prisoner alleging a constitutional deprivation under color of federal law);

(f) Complaints filed pursuant to the Federal Tort Claims Act; and

(g) Any other civil action filed in the Northern District of West Virginia by an incarcerated person, or on behalf of an incarcerated person.

These Rules are intended to supplement the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure, the Rules Governing Section 2254 Cases in the United States District Courts ("Section 2254 Rules") and the Rules Governing Section 2255 Proceedings in the United States Districts Courts ("Section 2255 Rules") promulgated by the United States Supreme Court.

Except to the extent that they are inconsistent with these Local Rules of Prisoner Litigation Procedure, the LR Gen P and LR Civ P are applicable to these proceedings.