Commencement of Proceedings (a) Place of Filing. The first paper or pleading with respect to relief from a judgment imposing a penalty of death for which venue lies in this district shall be filed in

(b) First Paper or Pleading. The first paper or pleading may be either an application for appointment of counsel or a petition for writ of habeas corpus. The Clerk will have available forms for the application for appointment of counsel. A sample form is available at cand.uscourts.gov.

In addition to other matters appropriate to the nature of the first paper or pleading filed pursuant to Habeas L.R. 2254-23(b), the first paper or pleading shall: USDC Habeas Corpus Local Rules – Revised July 2, 2012 HAB-4 (1) Identify by case number any applications for relief with respect to the same matter which the petitioner has filed in any federal court; and (2) Set forth any scheduled execution date. (c) Service on the Respondent. An attorney representing a party filing a first paper or pleading in a capital habeas corpus proceeding shall serve a copy of the paper or pleading on the California Attorney General. When a first paper or pleading is filed by a person who is not represented by an attorney, the Clerk shall promptly serve the Attorney General with a copy of that paper or pleading.

(d) Filing Fee. Concurrently with the filing of the initial pleading, or if the filing is made on an emergency basis, then as soon thereafter as reasonably practicable, the petitioner either shall pay the $5 statutory filing fee or shall submit a completed in forma pauperis application. Civil L.R. 3-10 shall govern proceedings with respect to the application. (e) Assignment to a Judge.

After commencement of a proceeding involving a request for a writ of habeas corpus in which it appears that venue is proper in this District, the Clerk shall assign or reassign the matter to a Judge in accordance with the Assignment Plan of the Court.