Habeas Corpus

U.S. District Court for the Northern District of New York

Rule Set: Local Rules of the U.S. District Court for the Northern District of New York

Rule: 72.4

Jurisdiction: NDNY

Bluebook Citation: N.D.N.Y. L.R. 72.4

All Rules: N.D.N.Y. Local Rules, complete index


Text

(a) Petitions under 28 U.S.C. §§ 2241, 2254 and 2255 shall be filed pursuant to the Rules Governing § 2254 Cases in the United States District Courts and the Rules Governing § 2255 Proceedings in the United States District Courts. All memoranda of law filed in Habeas Corpus proceedings shall conform to the requirements set forth in Local Rule 7.1(a)(1). (b) Subject to the requirement of subsection (c), the petitioner shall file the original verified petition with the Clerk at Syracuse, New York. Applications for a writ of habeas corpus made by persons in custody shall be filed, heard and determined in the district court for the district in which they were convicted and sentenced provided, however, that if the convenience of the parties and witnesses requires a hearing in a different district, such application shall be transferred to any district that the assigned judge finds or determines to be more convenient.

(c) Before a second or successive application is filed in this Court, the applicant shall move in the Second Circuit Court of Appeals for an order authorizing the district court to consider the application. (d) If the respondent submits the state-court records with its answer to the petition, the respondent must properly identify the records in the answer and arrange them in chronological order. The respondent must also sequentially number the pages of the state-court record so that citations to those records will identify the exact location where the information appears. If documents are separately bound and the citation to the documents is easily identifiable, the respondent does not need to repaginate the documents.

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