Local Rule Civil Rule HC.2: Habeas Corpus Proceedings - (28 U.S.C. § 2254) - Petitions Not Involving the Death Penalty

Civil Rule HC.2 Habeas Corpus Proceedings - (28 U.S.C. § 2254) - Petitions Not Involving the Death Penalty a. Assignment to Judges. The petition will be assigned to a district judge and a magistrate judge. In accordance with Local Rule 72.1.d and 28 U.S.C. § 636(b), the magistrate judge must conduct any and all of the duties specified in Rule 8 of the Rules Governing § 2254 Cases. If a petitioner has previously sought relief in this district with respect to the same conviction, the petition, if possible, will be assigned to the district judge who was assigned to the prior petition. b. Form of the Petition. Pursuant to Rule 2(d) of the Rules Governing § 2254 Cases, the form of the petition must substantially follow the form prescribed by this court. The Clerk will make this form available to petitioners without charge. c. Procedures for Considering the Petition. 1. Written requests for enlargement must be made before the expiration of the time period to be extended and must show good cause for the extension. The request for an enlargement of time must be served on the opposing party and a proof of service filed. 2. To assist the Court in exercising its duties under Rule 8 of the rules governing § 2254 cases, a party may make a request for an evidentiary hearing. The request must include a specification of which factual issues require a hearing and a summary of the evidence the party proposes to offer. Any opposition to the request for an evidentiary hearing must be made within fourteen (14) days from the service of the request. d. Evidentiary Hearing. If an evidentiary hearing is held, the Court may order the preparation of a transcript of the hearing. Upon the preparation of the transcript, the Court may establish a reasonable schedule for further briefing and argument of the issues considered at the hearing. e. Dispositive Rulings on the Merits. 1. In accordance with Civil Local Rule 72.1 and 28 U.S.C. § 636(b), the magistrate judge must submit to a district judge proposed findings of fact and recommendations for disposition. The magistrate judge must file proposed findings and recommendations with the Court and a copy must be mailed to all parties. Within the time period set forth in the magistrate judge's report and recommendation, but not less than fourteen (14) days, any party may serve and file written objections to the proposed findings and recommendations by timely filing an original and one (1) copy of the objections and a proof of service showing that the objections were served on the opposing party. The district judge must make a de novo determination of those portions of the report or specified proposed findings or recommendations to which an objection is made. A district judge may accept, reject, seek clarification or modify in whole or in part any findings or recommendations made by the magistrate judge. 2. The district judge may also issue a separate written opinion which will be filed or state an oral opinion on the record in open court, which must be promptly transcribed and filed.