Local Rule RULE 8.1: PLEADINGS FILED BY PRISONERS
S.D. Ill. — Civil rule
RULE 8.1 PLEADINGS FILED BY PRISONERS (See 28 U.S.C. § 1331; 28 U.S.C. § 2671-2680; 42 U.S.C. § 1983; 28 U.S.C. §§ 1915, 2241, 2254, 2255; Fed. R. Civ. P. 1-15; Rules Governing Section 2254 Cases in the United States District Courts; Rules Governing Section 2255 Cases in the United States District Courts)
(a) Forms Available
(1) Civil Complaints and Habeas Corpus Pleadings
(A) Prisoners who wish to file a civil complaint under 42 U.S.C. § 1983, a Bivens action under 28 U.S.C. § 1331, a Federal Tort Claims Act action under 28 U.S.C. §§ 2671-2680, an application for writ of habeas corpus under 28 U.S.C. § 2241, a petition under 28 U.S.C. § 2254, or a motion under 28 U.S.C. § 2255 may obtain forms and instructions by sending a written request to the Clerk of Court or accessing the forms on the Court's website.
(B) Prisoners who wish to file a civil complaint are referred to the Federal Rules of Civil Procedure generally and, in particular, Rules 1 through 15.
(C) Prisoners who wish to file a petition under 28 U.S.C. § 2254 or a motion under 28 U.S.C. § 2255 are referred to the Rules Governing Section 2254 Cases in the United States District Courts and the Rules Governing Section 2255 Cases in the United States District Courts, respectively. The Court strongly urges plaintiffs to use the Court's form available on the Court's website or through a written request to the Clerk of Court.
(D) Any pleading challenging the constitutionality of a federal or state statute must be accompanied by a notice of the constitutional question and otherwise comply with Fed. R. Civ. P. 5.1 and SDIL-LR 24.1.
(2) In Forma Pauperis
(A) Prisoners who wish to proceed in forma pauperis – without prepayment of fees – may obtain forms and instructions by sending a written request to the Clerk of Court or by accessing the forms on the Court's website. For further information regarding in forma pauperis status, see 28 U.S.C. § 1915 and SDIL-LR 3.1.
(B) Unless already included in the complaint or petition, any prisoner seeking to proceed in forma pauperis must provide a complete list of all lawsuits the prisoner has filed in state or federal court while serving a term of imprisonment, including previous terms of imprisonment. Failure to do so may result in sanctions, including, but not limited to, dismissal of the action.
(b) General Pleading Requirements
(1) A complaint, petition, or motion filed by a prisoner shall be in writing (typed or legibly written) and signed. If using the Court's pleading forms, attach extra pages as necessary, rather than using smaller print or writing in the margins. A defective or illegible pleading may be stricken or returned.
(c) Court Addresses
(1) Clerk of Court 750 Missouri Avenue East St. Louis, Illinois 62201 (618) 482-9371
(2) Clerk of Court 301 West Main Street Benton, Illinois 62812 (618) 439-7760
(3) https://www.ilsd.uscourts.gov/