Initial Review

(a) When. The Judge must review the petition within 72 hours after being assigned the petition. (b) Frivolous Petition. If the Judge determines that the petition is frivolous, the Judge must: (1) immediately deny the petition and affirm the challenged order; (2) promptly provide a written statement of the reasons for the denial; and (3) provide a written ruling, together with the statement of reasons, to the Clerk, who must transmit the ruling and statement of reasons to the petitioner and the government. (c) Non-Frivolous Petition. (1) Scheduling. If the Judge determines that the petition is not frivolous, the Judge must promptly issue an order that sets a schedule for its consideration. The Clerk must transmit the order to the petitioner and the government. (2) Manner of Proceeding. The judge may hold a hearing or conduct the proceedings solely on the papers filed by the petitioner and the government.