Free Instructions - Connecticut

INFORMATION AND INSTRUCTIONS FOR FILING A PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241 (PERSONS IN FEDERAL CUSTODY) Attached are the forms you will need to file a petition for a writ of habeas corpus. You must pay the full filing fee or complete the attached motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Further instructions for completing these forms are provided below. The Filing Fee and 28 U.S.C. § 1915 Prisoners seeking leave to proceed under 28 U.S.C. § 1915 must comply with the following procedures. A prisoner is any person incarcerated or detained in any facility. 1. The petition for a writ of habeas corpus must be accompanied by the full $5.00 filing fee. If you want to commence an action without prepayment of fees or security therefor, you must file a motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Under § 1915, you also must submit a certified copy of your trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the filing of the habeas corpus petition. The certified copy of the trust fund account statement (or institutional equivalent) must be obtained from the appropriate official of each penal institution at which you are or were confined during the six-month period. The court cannot consider the merits of the claims asserted in any habeas corpus petition filed without either the $5.00 filing fee or a properly completed motion and certified copy of your trust fund account statement (or institutional equivalent) as required by § 1915. 2. The motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 must be typewritten or legibly handwritten. All questions must be answered clearly and concisely in the appropriate space on the form. You must sign the motion. You should exercise care to assure that all answers are true, correct and complete. 3. If the Court denies your motion to proceed in forma pauperis, you will be notified of this decision and given thirty days to submit the $5.00 filing fee. If you do not pay the filing after you have been ordered to do so, your habeas corpus petition will be dismissed without prejudice.

The Habeas Corpus Petition 1. The habeas corpus petition must be typewritten or legibly handwritten. All questions must be answered clearly and concisely in the appropriate space on the form. You must sign the petition and the declaration under penalty of perjury. You are cautioned that any deliberately false statement of a material fact may serve as a basis for prosecution and conviction for perjury. You should exercise care to assure that all answers are true, correct and complete. 2. You must provide the court with an original and a copy of the habeas corpus

petition to be served on each named respondent. You should keep an additional copy of the petition for your own records. All copies of the petition must be identical to the original. 3. On a single habeas corpus petition, you may challenge the judgment of only one court. If you seek to challenge several judgments entered by different courts in different cases, you must file separate petitions as to each judgment. 4. When your habeas corpus petition is completed, it should be mailed with the necessary copies and filing fee or motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 to the Clerk's Office of the United States District Court at one of the following address: Office of the Clerk United States District Court 915 Lafayette Boulevard Bridgeport CT 06604 Office of the Clerk United States District Court 450 Main Street Hartford, CT 06103 Office of the Clerk United States District Court 141 Church Street New Haven, CT 06510

5. You must furnish the court with an original of all motions, pleadings, correspondence or other documentation submitted to the court for filing and consideration. In addition, you must furnish the respondent(s) or his or her attorney with a copy of all such documents submitted to the court. Each original document (except the original habeas corpus petition) must include a certificate stating the date a copy of the document was mailed to the respondent(s) or his or her attorney and the address to which it was mailed. Any document received which fails to include a certificate of service may be disregarded by the court or returned. An example of a certificate of service is: I hereby certify that a copy of the foregoing pleading/document was mailed to (respondent(s) or counsel for respondent(s)) at (address) on , 19 .

Original Signature of Petitioner 6. The United States District Judges, the United States Magistrate Judges, the clerk of the court, deputy clerks and staff attorneys are officers of the court and are prohibited from giving legal advice. Legal questions should be directed to an attorney.

Revised 9/14/07

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