Free Instructions - Florida


File Size: 250.9 kB
Pages: 1
Date: August 26, 2005
File Format: PDF
State: Florida
Category: Court Forms - Federal
Author: Northern District of Florida
Word Count: 725 Words, 3,863 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.flnd.uscourts.gov/forms/Pro%20Se/2241-instructions.pdf

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA INSTRUCTIONS FOR FILING A PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 2241
Petitions under 2241 will not be considered by the Court unless this 2241 petition form is completed as explained below.

Explanation and Instructions - Read Carefully
1. This petition must be legibly handwritten, typewritten, or computer generated, and signed by the petitioner under the penalty of perjury. Any false statement of a material fact may serve as the basis for prosecution for perjury. All questions m ust be answ ered con cisely in the proper spa ce on the form . 2. The petition must be accompanied by a $5.00 filing fee or, if you are unable to pay the fee, a completed application form seeking leave to proceed in forma pauperis. As explained on the application form, if either your average account balance or the average monthly deposits into your account is $25.00 or m ore, you will be unable to proceed in forma pauperis. 3. You should include all grounds for relief and a sum m ary of the fac ts su ppo rting ea ch g roun d raised. You must answer all questions in the proper space on the form. You may submit additional pages to explain the facts upo n wh ich you rely to support your grounds for relief. CAUTION: Any claim that may be brought or has already been brought by motion under 28 U.S.C. 225 5 will not be entertained by this Court unless it appears that the 225 5 m otion w as o r is inadequ ate or ineffective to test the legality of your detention. If you believe this is the case, you m ust explain why in the appropriate section of the petition form. 4. No citation of authorities need be furnished. If a brief or additional argument is submitted, it should be submitted in the form of a separate mem orandum of law, not to exceed 25 pages in length abse nt prior leave of C ourt. 5. W hen the petition form is completed, the original must be filed with the Court along with a copy for each respondent, plus two additional copies for service upon the United States. 6. Th e petitio n and all atta chm ents m ust be m ailed to one of the addresses listed below, w hichever is closer to your current place of incarceration: Cases to be filed in the Tallahassee Division: CLERK, U.S. DISTRICT COURT 111 N. ADAMS STREET SUITE 322 TALLAHASSEE, FLORIDA 32301-7730 Cases to be filed in the Pensacola Division: CLERK, U.S. DISTRICT COURT 1 NORTH PALAFOX STREET, ROOM 226 PENSACOLA, FLORIDA 32502-5658 Cases to be filed in the Gainesville Division: CLERK, U.S. DISTRICT COURT 401 S.E. FIRST AVENUE ROOM 243 GAINESVILLE, FLORIDA 32601-6895 Cases to be filed in the Panama City Division: CLERK, U.S. DISTRICT COURT 30 GOVERNMENT STREET PANAMA CITY, FLORIDA 32401-2758

7. Petitioner is advised that respondent is not re quired to respond to the petition unless ordered b y the Court and that default is inappropriate in habeas corpus proceedings. Once the Court has ordered a response and counsel for respondent has appeared in the case, any documents you file with the Court must also be sent to counsel. All filings must include a certificate of service stating the date that a copy was served or mailed to c ounsel. 8. After rec eiving notice of yo ur case num ber from the clerk, you m ust include the case num ber on all documents you file with the Court. You must keep a copy of every document you send to the Court as you are not entitled to free c opies from the clerk even if you are proce eding in form a pa upe ris. You mus t im m ediate ly advise the Court of a ny chang e of a ddre ss b y filing a "No tice to the Court o f Ch ang e of A ddre ss." This notice should contain the address change and the effective date and must be signe d. FAILURE TO NOTIFY THE COU RT OF ANY CH ANGE OF AD DRESS COU LD RESULT IN THE DISMISSAL OF YOUR PETITION.
Revised 08/05