Habeas Corpus Actions

All petitions on behalf of prisoners seeking relief under 28 U.S.C. § 2241, 28 U.S.C. § 2254, or 28 U.S.C. § 2255 shall be filed with the clerk in compliance with the instructions of the clerk and on the appropriate form available without charge. Such proceedings shall be governed by the rules promulgated by the United States Supreme Court. A respondent is not required to answer or otherwise respond to a petition under §§ 2241, 2254, or 2255 or any other post-conviction motion for relief in a criminal case, unless and until directed by the court. Local Civil Rules 7.1 and 7.2 shall govern motion practice in a proceeding seeking relief under §§ 2241, 2254, May 2023 Return to Table of Contents Local Civil Rules – U.S. District Court for the Eastern District of North Carolina Page 73 2255, or other similar post-conviction motion for relief.

Where a respondent files an answer or other pleading in response to a petition under §§ 2241, 2254, 2255, or other similar post-conviction motion for relief, a petitioner may file a reply to the same within 21 days after service of the answer or other pleading unless otherwise ordered by the court.