Free Instructions for Filing a 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus - Florida

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA INSTRUCTIONS FOR FILING A 28 U.S.C. § 2254 PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN CUSTODY PURSUANT TO A STATE COURT JUDGMENT Pro se § 2254 motions will not be considered by the Court unless this § 2254 form has been completed by the movant/petitioner as explained below. Explan ation an d Instru ctions ­ Read Carefu lly 1. Pro se § 2254 petitions will not be considered by the Court unless this § 2254 form has been com pleted by the p etitioner as e xplained in thes e instruction s. 2. The petition must be legibly handwritten, typewritten, or computer generated, and signed under penalty of perjury by the petitioner. Any false statement of a material fact may serve as the basis for prosecution for perju ry. All ques tions m ust be an swered con cisely in the proper s pac e on the fo rm . 3. The petition must be accompanied by a $5.00 filing fee or a completed form application to proceed in forma pauperis. If either your average account balance or the average monthly deposits into your account is $25.00 or more, you will be unable to proceed in forma pauperis. 4. The petition must include all available grounds for relief and a su m m ary of specific facts supporting each ground rais ed (claim s not raised in this petitio n m ay be barred in the future, see item 7 below). Petitioner may subm it additional pages if necessary to explain the facts, but mu st answer all questions in the proper space on the form itself. No legal argum ent or citation of au thority is req uired in the petition. A s epa rate mem orandum of la w m ay be subm itted , but it m ay not exc eed 25 pages in length abs ent prior leave of C ourt. 5. W hen the petition is com pleted, mail the original and two identical copies (including any exhibits) to the division office closest to the state court o f con viction. 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

6. There is a on e year period of lim itations app licable to § 2254 p etitions, see 28 U .S.C . § 2244(d ). 7. If you previously filed a § 2254 petition challenging the same conviction or sentence, authorization for filing a second or successive § 2254 petition must be obtained from the Eleventh Circuit Court of Appeals. See 28 U .S.C . § 2244(b )(3). Autho rization fo rm s m ay be o btaine d from this co urt or th e Eleventh Circuit. 8. After receiving notice of your case number from the Clerk, you must include the case num ber on all doc um ents you submit to the Court. You must keep a copies of every document as you are not entitled to free replacement copies from the Clerk even if you are proceeding in forma pauperis. As long as your case is pending, it is yo ur responsibility to immediately notify the Court and opposing counsel, in writing, of any cha nge of ad dres s. Fa ilure to do so cou ld result in dism issal of your c ase . 9. The respondent is not required to respond to the petition unless ordered by the Court, and default is not app ropriate in habeas corpus proceedings. Once the Court has ordered a response and counsel for respondent has appeared in the case, any documents se nt to the Court must also be sent to counsel as reflected in a certificate of service sho wing the date that a copy was se rved or m ailed. Failure to include a certificate of service may result in a document being returned to you without filing. Revised 08/05