Free Motion for Authorization to File Successive Application Under 28 U.S.C. § 2244 - Federal

United States Court of Appeals for the Fourth Circuit
Instructions for Filing 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

1. Use the attached form to file a Motion Under 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. 2. Answer completely all the questions on the attached form. Your failure to provide complete answers may result in the Court's denying your motion. 3. Attach to your motion copies of the following documents: A. B. C. The § 2254 or § 2255 applications you want to file in the district court if the Court of Appeals grants your motion. All § 2254 or § 2255 applications you previously filed in any federal court challenging the judgment of conviction or sentence you now want to challenge. All court opinions and orders, final and interlocutory, disposing of the claims in your previous § 2254 or § 2255 applications that challenged the judgment of conviction or sentence you now want to challenge. All magistrate judge's reports and recommendations issued in all previous § 2254 or § 2255 applications that challenged the judgment or conviction or sentence you now want to challenge.

D.

4. You must sign the motion in three places at the end of page 4. Your failure to sign the motion or to complete the Proof of Service may result in the Court's denying your motion. 5. You must file with the Court of Appeals the original and three copies of your motion and all documents attached to it. Your failure to provide the original and three copies may result in the Court's denying your motion. 6. If your motion seeks relief under 28 U.S.C. § 2254, you must serve a copy of the motion and all documents attached to it on the attorney general of the state in which you are confined. Your failure to serve the attorney general may result in the Court's denying your motion. 7. If your motion seeks relief under 28 U.S.C. § 2255, you must serve a copy of the motion and all documents attached to it on the United States Attorney for the federal judicial district in which you were convicted. Your failure to serve the United States may result in the Court's denying your motion.

Reset Form

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

United States Court of Appeals for the Fourth Circuit
Nam e of Movant Prisoner Num ber Case Num ber (leave blank) Place of Confinem ent

IN RE:

, M OVANT

1. Nam e and location of court which entered the judgm ent of conviction from which relief is sought:

2. Parties' Nam es: 3. Docket Num ber: 5. Date of judgm ent of conviction: 7. Nature of offense(s) involved (all counts):

vs. 4. Date Filed: 6. Length of sentence:

8. W hat was your plea? (Check one)

Not Guilty

Guilty Jury Yes Yes

Nolo Contendere Judge only No No

9. If you pleaded not guilty, what kind of trial did you have? (Check one) 10. Did you testify at your trial? (Check one) 11. Did you appeal from the judgm ent of conviction? (Check one) 12. If you did appeal, what was the Nam e of court appealed to: Parties' nam es on appeal: Docket num ber of appeal: Result of appeal: vs.

Date of decision:

13. Other than a direct appeal from the judgm ent of conviction and sentence, have you filed any other petitions, applications for relief, or other m otions regarding this judgm ent in any federal court? Yes No

14. If you answered "Yes" to question 13, answer the following questions: A. F IR ST P E TITIO N , A P PLIC A TIO N , O R M O TIO N (1) In what court did you file the petition, application, or m otion? (2) W hat were the parties' nam es? (3) W hat was the docket num ber of the case? (4) W hat relief did you seek? (5) W hat grounds for relief did you state in your petition, application, or m otion? vs.

(6) Did the court hold an evidentiary hearing on your petition, application or m otion? (7) W hat was the result? Relief granted Relief denied for failure to exhaust

Yes

No

Relief denied on the m erits Relief denied for procedural default

(8) Date of court's decision:

B. S EC ON D P E TITIO N , A P PLIC A TIO N , O R M O TIO N (1) In what court did you file the petition, application, or m otion? (2) W hat were the parties' nam es? (3) W hat was the docket num ber of the case? (4) W hat relief did you seek? (5) W hat grounds for relief did you state in your petition, application, or m otion? vs.

(6) Did the court hold an evidentiary hearing on your petition, application or m otion? (7) W hat was the result? Relief granted Relief denied for failure to exhaust

Yes

No

Relief denied on the m erits Relief denied for procedural default

(8) Date of court's decision:

C. T H IR D AN D S U BSE Q U EN T P ETITIO NS , A PPLIC ATIO NS , O R M O TIO NS For any third or subsequent petition, application, or m otion, attach a separate page providing the inform ation required in item s (1) through (8) above for first and second petitions, applications, or m otions.

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D. P R IO R A PPELLATE R EVIEW ( S ) Did you appeal the results of your petitions, applications, or m otions to a federal court of appeals having jurisdiction over your case? If so, list the docket num bers and dates of final disposition for all subsequent petitions, applications, or m otions filed in a federal court of appeals. First petition, application, or m otion Second petition, application, or m otion Subsequent petitions, applications or m otions Subsequent petitions, applications or m otions Subsequent petitions, applications or m otions Subsequent petitions, applications or m otions Yes Yes Yes Yes Yes Yes Appeal Appeal Appeal Appeal Appeal Appeal No. No. No. No. No. No. No No No No No No

If you did not appeal from the denial of relief on any of your prior petitions, applications, or m otions, state which denials you did not appeal and explain why you did not.

15. Did you present any of the claim s in this application in any previous petition, application, or m otion for relief under 28 U.S.C. § 2254 or § 2255? (Check one) Yes No 16. If your answer to question 15 is "Yes," give the docket num ber(s) and court(s) in which such claim s were raised and state the basis on which relief was denied.

17. If your answer to question 15 is "No," why not? This Court will grant you authority to file in the district court only if you show that you could not have presented your present claim s in your previous § 2254 or § 2255 application because . . . A. (For § 2255 m otions only) the claim s involve "newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found [you] guilty"; or, B. (For § 2254 petitions only) "the factual predicate for the claim could not have been discovered previously through the exercise of due diligence" and "the facts underlying the claim , if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found [you] guilty of the offense"; or, C. (For both § 2254 and § 2255 applicants) the claim s involve "a new rule of constitutional law, m ade retroactive to cases on collateral review by the Suprem e Court [of the United States], that was previously unavailable."

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I did not present the following claim s in any previous petition, application, or m otion for relief under 28 U.S.C. § 2254:

I did not present the claim s listed above in any previous petition, application, or m otion because

M ovant prays that the United States Court of Appeals for the Fourth Circuit grant an Order Authorizing the District Court to Consider Movant's Second or Successive Application for Relief Under 28 U.S.C. §§ 2254 or 2255.

Movant's Signature

I declare under Penalty of Perjury that m y answers to all questions in this Motion are true and correct. Executed on [date]

Movant's Signature

P

R OO F

O F

S

E R VIC E

A copy of this m otion and all attachm ents m ust be sent to the state attorney general (§ 2254 cases) or the United States Attorney for the United States judicial district in which you were convicted (§ 2255 cases). I certify that on [date] to at the following address: I m ailed a copy of this m otion and all attachm ents

Movant's Signature

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