Local Rule LR PL P 22: Filing a Motion to Vacate or Modify Sentence Pursuant to 28 U.S.C. § 2255
N.D. W.Va. — Civil rule
LR PL P 22. Filing a Motion to Vacate or Modify Sentence Pursuant to 28 U.S.C. § 2255.
(a) Proceeding Under 28 U.S.C. § 2255: A Motion to vacate, set aside or correct a sentence may be filed pursuant to § 2255 only by a prisoner in custody who wishes to attack or challenge a federal sentence or conviction imposed by the United States District Court for the Northern District of West Virginia.
(b) Use of Court-Approved Forms: To properly file a § 2255 motion, pro se prisoners must use the Court-approved form titled "Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" and must answer every question and complete the form in its entirety.
(c) Place of Filing: A § 2255 motion will be filed at the point of holding court where the sentence was imposed.
(d) Filing Fee: No filing fee is required for a motion filed under 28 U.S.C. § 2255. Therefore, an Application to Proceed Without Prepayment of Fees and Affidavit is not necessary.