The Petition

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

Rule: 2

Jurisdiction: US

Bluebook Citation: § 2254 R. 2

(a) Current Custody; Naming the Respondent. If the peti- tioner is currently in custody under a state-court judgment, the pe- tition must name as respondent the state officer who has custody. (b) Future Custody; Naming the Respondents and Speci- fying the Judgment. If the petitioner is not yet in custody - but may be subject to future custody - under the state-court judgment being contested, the petition must name as respondents both the officer who has current custody and the attorney general of the state where the judgment was entered. The petition must ask for relief from the state-court judgment being contested. (c) Form. The petition must: (1) specify all the grounds for relief available to the pe- titioner; (2) state the facts supporting each ground; (3) state the relief requested; (4) be printed, typewritten, or legibly handwritten; and (1) RULES GOVERNING SECTION 2254 CASES AND SECTION 2255 PROCEEDINGS (5) be signed under penalty of perjury by the petitioner or by a person authorized to sign it for the petitioner under 28 U.S.C. § 2242. (d) Standard Form. The petition must substantially follow either the form appended to these rules or a form prescribed by a local district-court rule. The clerk must make forms available to petitioners without charge. (e) Separate Petitions for Judgments of Separate Courts. A petitioner who seeks relief from judgments of more than one state court must file a separate petition covering the judgment or judgments of each court.

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