Local Rule LCR 100: PETITIONS FOR HABEAS CORPUS UNDER TITLE 28 U.S.C 2241 OR 2254 AND MOTIONS PURSUANT TO TITLE 28 U.S.C. § 2255
W.D. Wash. — Civil rule
LCR 100
PETITIONS FOR HABEAS CORPUS UNDER TITLE 28 U.S.C 2241 OR 2254 AND MOTIONS PURSUANT TO TITLE 28 U.S.C. § 2255
(a) Form and Content
Petitions for habeas corpus and motions filed pursuant to 28 U.S.C. § 2255 must use or substantially follow this district's forms, which are available on the court's website. Upon request, the clerk shall provide blank copies of forms prescribed by this court for petitions for writs of habeas corpus and motions filed pursuant to 28 U.S.C. § 2255. The party in custody shall provide all information required by the form. Proceedings under 28 U.S.C. § 2254 or § 2255 are subject to the Rules Governing Section 2254 or 2255 Cases, respectively, which can be found on the United States Court's website. Pursuant to those rules, the time for filing answers and replies, if any, shall be as directed by order of the Court. Petitions for habeas corpus and motions filed pursuant to 28 U.S.C. § 2255 are not subject to LCR 7(d) and (e) unless directed by the court.
(b) In Forma Pauperis
See LCR 3(c).
(c) Place of Filing
Pursuant to agreement between the Western and Eastern Districts of Washington, all cases in which a petitioner is seeking habeas corpus relief challenging a state conviction or sentence under 28 U.S.C. § 2254 shall be filed in or transferred after filing to the district where the conviction took place regardless of the district in which the petitioner is incarcerated.
(d) Filing the Petition
The party in custody shall send to the clerk an original completed petition or motion form for filing. Petitions for habeas corpus shall be accompanied by the appropriate filing fee. No filing fee is required for motions filed pursuant to 28 U.S.C. § 2255 or for petitions for habeas corpus filed with applications to proceed in forma pauperis. The Fee Schedule and form templates are available on the court's website.
(e) Verification
If a petition or motion is not made and verified by the party in custody, the person making such petition or motion shall verify the same on behalf of such party in custody, and shall set forth therein the reason why it is not made and verified by the party in custody, and shall state he or she knows the facts set forth therein, or if upon information and belief, the sources of his or her information shall be stated.