Action by a Person in Custody

U.S. District Court for the Middle District of Florida

Rule Set: Local Rules of the United States District Court for the Middle District of Florida

Rule: 6.04

Jurisdiction: MDFL

Bluebook Citation: M.D. Fla. L.R. 6.04

(a) REQUIRED FORM. A pro se person in custody must use the standard form — available without charge from the clerk and on the court’s website — to file: (1) an application under 28 U.S.C. § 2241, (2) an application under 28 U.S.C. § 2254 or a motion under 28 U.S.C. § 2255, or (3) a complaint, such as a 42 U.S.C. § 1983 complaint, that alleges a violation of the United States Constitution or other federal law by a governmental official. (b) FEE. In an in forma pauperis action by a person in custody, the judge can order the person to pay the clerk’s and the marshal’s fee.

Failure to pay can result in dismissal of the action.

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