Scope

Rules Governing Section 2254 Cases in the U.S. District Courts

Rule: 1

Jurisdiction: US

Bluebook Citation: § 2254 R. 1

(a) Cases Involving a Petition under 28 U.S.C. § 2254. These rules govern a petition for a writ of habeas corpus filed in a United States district court under 28 U.S.C. § 2254 by: (1) a person in custody under a state-court judgment who seeks a determination that the custody violates the Constitu- tion, laws, or treaties of the United States; and (2) a person in custody under a state-court or federal- court judgment who seeks a determination that future custody un- der a state-court judgment would violate the Constitution, laws, or treaties of the United States. (b) Other Cases. The district court may apply any or all of these rules to a habeas corpus petition not covered by Rule 1(a).

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