Local Rule LR PL P 21: Filing a Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254

LR PL P 21. Filing a Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254.

(a) Proceeding Under 28 U.S.C. § 2254: A petition for a writ of habeas corpus pursuant to § 2254 may be filed by a prisoner in state custody who wishes to challenge the validity of his or her state conviction or sentence on the ground that it violates the Constitution, federal statutes or treaties of the United States.

(b) Use of Court-Approved Form: To properly file a Petition for a § 2254 writ of habeas corpus, pro se prisoners must use the Court-approved form titled: "Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody" and must answer every question and complete the form in its entirety.

(c) Place of filing: A state prisoner may file a petition for a writ of habeas corpus pursuant to § 2254 in either the judicial district in which the prisoner is presently confined or the judicial district where the prisoner was sentenced. It is the practice of this Court, in cases where the Northern District of West Virginia is the district of confinement, to transfer habeas petitions challenging state convictions to the district in which the prisoner was sentenced.

(d) Successive Applications for Writ of Habeas Corpus Pursuant to § 2254 or § 2255: Before a second or successive petition or application may be filed in this Court, a prisoner shall file a "Motion Under 28 U.S.C. § 2244 for Order Authorizing District Court to Consider Second or Successive Application for Relief Under 28 U.S.C. § 2254 or 2255" in the United States Court of Appeals for the Fourth Circuit. This Court may not consider a second or successive application without an order from the United States Court of Appeals for the Fourth Circuit authorizing it to do so.