Filing Petition (a) Venue. The following noncapital petitions for writs of habeas corpus shall be filed in this District: (1) Petitions challenging the lawfulness of a conviction or sentence for which

U.S. District Court for the Northern District of California

Rule Set: Habeas Corpus Local Rules of the United States District Court for the Northern District of California

Rule: 2254-3

Jurisdiction: NDCA

Bluebook Citation: N.D. Cal. Hab. L.R. 2254-3

(b) Transfer of Venue. If a petition is filed in this District which does not conform to Habeas L.R. 2254-3(a), venue shall be transferred to: (1) The district of conviction or sentencing if the petition is challenging the conviction or sentence; or (2) The district of confinement if the petition is challenging the manner in which the sentence is being executed. (c) Place for Filing. Noncapital petitions as to which venue lies in this District shall be filed in San Francisco.

(d) Form and Content. Noncapital petitions shall be filed on a form supplied by the Clerk, and shall be filled in by printing or typewriting. In the alternative, the petition may be in a typewritten, word-processed or other legible written form which contains all of the information required by the Court's form. (e) Pro Se Petitions.

Noncapital petitions filed by persons who are appearing pro se shall be on a form established for that purpose by the Court and shall be completed in conformity with the instructions approved by the Court. Copies of the forms, USDC Habeas Corpus Local Rules – Revised July 2, 2012 HAB-1 instructions and pertinent provisions of these Habeas Corpus Local Rules shall be supplied to pro se petitioners by the Clerk upon request or upon the filing of papers which appear to be a request by a person appearing pro se for relief which should be presented by a petition for habeas corpus pursuant to 28 U.S.C. § 2254. (f) Requests to Proceed In Forma Pauperis. Persons seeking leave to proceed in forma pauperis must complete the application established for that purpose by the Court.

Copies of the application form, instructions and pertinent provisions of the local rules shall be supplied to in forma pauperis applicants by the Clerk upon request or upon the filing of papers which appear to be a request by a person to proceed in forma pauperis. The Clerk shall refer a completed application to the assigned Judge for determination. (g) Number of Copies. An original and one copy of the petition shall be filed by a petitioner represented by counsel.

A pro se petitioner need only file the original.

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