Misdemeanors and Other Offenses

(a) Generally. (1) In proceedings upon which no indictment is necessary, see Fed. R. Crim. P. 7(a)(2), deadlines in these Local Rules that commence with arraignment on an indictment instead commence with the entry of a not guilty plea on the trial docket. See Fed. R. Crim. P. 58(b)(1). (2) Except as provided in paragraph (a)(3), the Defendant in an action on an infraction, as defined in 18 U.S.C. § 19, and listed specifically in a schedule published by order of the Court pursuant to this Rule, may pay the collateral fixed on the citation or complaint, if any, in lieu of appearance, and by doing so authorizes the termination of proceedings and a default judgment in the amount of the sum fixed, pursuant to Fed. R. Crim. P. 58(d).

The voluntary forfeiture of collateral under this Rule must be treated as a finding of guilt on the infraction charged in the citation or complaint. Government counsel and the Clerk then may execute such judgment without further notice to the Defendant. If a person charged with an infraction under this Rule fails to post and forfeit collateral, any punishment authorized by law may be imposed upon a finding of guilt. (3) This rule does not preclude the arrest or detention of any person accused of an infraction, as defined by 18 U.S.C. § 19, or requiring the person accused to appear in person before a Judge, to the extent allowed by law.

(b) Trial of Misdemeanors. (1) Generally, all misdemeanor cases are randomly assigned to the Magistrate Judges in this District, who are authorized to conduct any or all proceedings in such matters. All petty offense cases on the District’s docket for a particular month are assigned to the Magistrate Judge who is serving on criminal duty for that month. If proceedings in a petty offense case continue past that duty month, further proceedings on the case are presided over by the duty Magistrate Judge for the month in which the proceedings continue, unless otherwise ordered by the Magistrate Judge who originally presided over the matter.

(2) In all such cases in which the consent of the Defendant is required, the Magistrate Judge must explain to Defendant that the person has a right to trial, judgment, and sentencing by a District Judge, and that the person may have a right to trial by jury before a District Judge or Magistrate Judge. The Magistrate Judge must not try the case unless the Defendant consents to be tried before the Magistrate Judge, specifically waiving a trial, judgment, and 73 sentencing by a District Judge. If the Defendant elects to be tried before a District Judge, the Magistrate Judge must return the case to the Clerk, who must randomly reassign the case to a District Judge. PART D. APPENDIX OF FORMS 74 COURT FORMS United States District Court Southern District of Alabama CIVIL IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA Plaintiff, vs. Defendant(s) : : : : : : Civil Action No. COMPLAINT 1.

Plaintiff resides at 2. Name(s) of defendant(s) 3. Location of principal office(s) of the named defendant(s) 4. Nature of business of defendant(s) 5.

Approximate number of individuals employed by defendant(s) 6. The acts complained of in this suit concern: (A) Failure to employ me. (B) Termination of my employment. (C) Failure to promote me.

(D) Other acts as specified below: ________________________________________ 7. Plaintiff is: (A) Presently employed by the defendant. (B) Not presently employed by the defendant. The dates of employment were _______________________________________ (1) Plaintiff was discharged.

(2) Plaintiff was laid off. (3) Plaintiff left the job voluntarily. 8. Defendant(s) discriminated against me on account of my: (A) Race Sex Color National Origin Religion Therefore, I am bringing this action for employment discrimination pursuant to Title VII of the Civil Rights Act of 1964, specifically, 42 U.S.C. § 2000e-5.

(B) Physical disability Mental disability Therefore, I am bringing this action pursuant to the American with Disabilities Act, specifically, 42 U.S.C. § 12117. (C) Age Therefore, I am bringing this action pursuant to the Age Discrimination in Employment Act of 1967, specifically, 29 U.S.C. § 626. 9. The name(s), race, sex, and the position or title of the individual(s) who allegedly discriminated against me during the period of my employment with the defendant company is (are) _________________________________________________________________________ 10.

The alleged discrimination occurred on or about 11. The nature of my complaint, i.e., the manner in which the individual(s) named above discriminated against me in terms of the conditions of my employment, is as follows: ________ 12. The alleged illegal activity took place at 13. I filed charges with the Equal Employment Opportunity Commission regarding alleged discriminatory conduct by defendant(s) on or about I have attached a copy of the Notice-of-Right-to-Sue letter issued by the Equal Employment Opportunity Commission.

This letter was received by me on 14. I seek the following relief: (A) Recovery of back pay. (B) Reinstatement to my former job, and any other relief as may be appropriate, including injunctive orders, damages, costs and attorney’s fees. Date: Signature of Plaintiff Address of Plaintiff ( ) Telephone Number of Plaintiff .

AO 85 (Local Rev. 8/06) Notice, Consent, and Order of Reference — Exercise of Jurisdiction by a United States Magistrate Judge UNITED STATES DISTRICT COURT District of Plaintiff V. Defendant NOTICE, CONSENT, AND ORDER OF REFERENCE — EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE Case Number: NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE TO EXERCISE JURISDICTION In accordance with the provisions of 28 U.S.C. §636(c), and Fed.R.Civ.P. 73, you are notified that a United States magistrate judge of this district court is available to conduct any or all proceedings in this case including a jury or nonjury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court’s jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned.

An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of this district court. CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE In accordance with provisions of 28 U.S.C. §636(c) and Fed.R.Civ.P. 73, the parties in this case consent to have a United States magistrate judge conduct any and all proceedings in this case, including the trial, order the entry of a final judgment, and conduct all post-judgment proceedings. Party Represented Signatures* Date ORDER OF REFERENCE IT IS ORDERED that this case be referred to United States Magistrate Judge, to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. §636(c) and Fed.R.Civ.P. 73. Date United States District Judge NOTE: EFILE THIS FORM WITH THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA ___________________ DIVISION ______________________________, Plaintiff, v. ______________________________, Defendant. Case No. ______________________________ DISCLOSURE STATEMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 7.1 AND CIVIL L.R. 7.1 Pursuant to Federal Rule of Civil Procedure 7.1 and Civil L.R. 7.1, __________________________________________, makes the following disclosure(s). 1. If the filer is a nongovernmental corporate party or a nongovernmental corporation that seeks to intervene, either (i) identify any parent corporation and any publicly held corporation owning 10% or more of its stock or (ii) state there is no such corporation: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 2.

If this is an action in which jurisdiction is based on diversity under 28 U.S.C. § 1332(a), name and identify the citizenship of every individual or entity whose citizenship is attributed to the filing party or intervenor: [To identify the citizenship of a partnership, LLC, or other unincorporated entity, a party must list the names and citizenships of all members or partners of that entity. See, e.g., Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004).] __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ limited 3. To the extent not otherwise disclosed above, if the filer is a nongovernmental artificial entity appearing as a party or an amicus curiae, identify all parent liability entity members and companies, subsidiaries, partners, managers, trustees (but not trust beneficiaries), affiliates, or similar entities reportable under the provisions of the S.D. Ala.

Civil L.R. 7.1: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ ☐ I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and that I will amend this Disclosure Statement promptly upon learning of any relevant changes or corrections. _______________________ Date _______________________________ Counsel Signature _______________________________ Counsel for (print party names) _______________________________ Address, City, State, Zip Code 2 Local Form For Report of Parties' Planning Meeting IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ___________________________, Plaintiff, vs. : : : CIVIL ACTION _________________ ___________________________, Defendant. : : REPORT OF PARTIES' PLANNING MEETING Pursuant to Fed.R.Civ.P. 26(f), a meeting was held on (date) at (place) and was attended by: (name) for plaintiff(s) (name) for defendant(s) (party name) (name) for defendant(s) (party name) The parties [request] [do not request] a conference with the court before entry of thescheduling order. 1. Plaintiff's brief narrative statement of the facts and the cause of action stated in each count, and defendant's brief narrative statement of the facts and defenses, including affirmative defenses, stating the theory of each defense. In other words, the parties are to fully state their present respective positions in plain English, given what they know about the case at this time.

This is not to be simply a restatement of the complaint and answer. 2. This [jury] [non-jury] action should be ready for trial by (date) and at this time is expected to take approximately (length of time in days excluding jury selection). 3.

The parties request a pretrial conference in (month and year). 4. Discovery Plan. The parties jointly propose to the court the following discovery plan: [Use separate paragraphs or subparagraphs as necessary if parties disagree.] Discovery will be needed on the following subjects: (brief description of subjects on which discovery will be needed).

All discovery commenced in time to be completed by (date). [Discovery on (issue for early discovery) to be completed by (date).] Initial Disclosures. The parties [have exchanged] [will exchange by (date)] the 5. information required by Fed.R.Civ.P. 26(a)(1). 6. The parties request until (date) to join additional parties and amend the pleadings.

7. Reports from retained experts under Rule 26(a)(2) due: 1 from plaintiff(s) by (date). from defendant(s) by (date). 8. 9.

Pretrial Disclosures. Final lists of witnesses and exhibits under Rule 26(a)(3) due by (date). Discovery Limits. Maximum of ___ interrogatories by each party to any other party.

Responses due ___ days after service. Maximum of ___ depositions by plaintiff(s) and ___ by defendant(s). Each deposition limited to maximum of ___ hours unless extended by agreement of parties. Maximum of ___ requests for admission by each party to any other party.

Responses due ___ days after service. Maximum of ___ requests for production of documents by each party to any other party. Responses due ___ days after service. 10.

All potentially dispositive motions filed by (date). 11. 12. Settlement [is likely] [is unlikely] [cannot be evaluated prior to (date)] [may be enhanced by use of the following alternative dispute resolution procedure: [___].

The discovery in this action [will] [will not] include Electronically Stored Information (ESI). In those cases where discovery of ESI is a probability, the parties shall discuss the substantive issues of the existence and location of the ESI, the preservation (including time period) of information, the ease/difficulty and costs of production, a schedule and format for production, and a plan for how to manage privilege and work product protection issues. An ESI production agreement as to how to manage these issues shall be included in the Report. If the parties cannot agree on an ESI production agreement, the disagreements are to be listed in the Report.

13. [Other matters that may be appropriate for inclusion in the Rule 16(b) Order.] Date: __________ Signature1 Name Counsel for Plaintiff Address Telephone Number Signature1 Name Counsel for Defendant Address Telephone Number 1 Signatures may be electronically affixed (i.e. s/Judith Attorney) and, with consent so stated after the signature, counsel may electronically sign for other counsel (i.e. s/John Attorney, by consent). 2 Summons in a Social Security Action UNITED STATES DISTRICT COURT for the __________ District of __________ Plaintiff v. Defendant Civil Action No. To: (Defendant’s name and address) SUMMONS IN A CIVIL ACTION A lawsuit has been filed against you. Within 90 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

You also must file your answer or motion with the court. Date: CHARLES R. DIARD, JR., CLERK OF COURT Signature of Clerk or Deputy Clerk AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) on (date) , and mailed a copy to the individual’s last known address; or , a person of suitable age and discretion who resides there, ’ I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ’ Other (specify): My fees are $ for travel and $ for services, for a total of $ I declare under penalty of perjury that this information is true. Date: , who is ; or . . Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA _______________________________________ Plaintiff(s), vs. _______________________________________ Defendant(s). * * * * * * * * * CASE NO._____________________________ EXHIBITS FOR IDENTIFICATION ONLY ADMITTED IN EVIDENCE CRIMINAL IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION UNITED STATES OF AMERICA * vs. * CRIMINAL NO. * CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE FOR SELECTION OF THE JURY IN A FELONY CASE The parties to this action hereby waive their right to proceed before a United States district judge and consent to have a United States magistrate judge conduct voir dire and supervise the selection of the jury in this action.

The opportunity to seek de novo review of any decision of the Magistrate Judge made during jury selection to a district judge is also expressly waived. An appeal of jury selection decisions will lie to the court of appeals as it would if made by a district judge.

DEFENDANT

Date COUNSEL FOR DEFENDANT Date COUNSEL FOR GOVERNMENT Date ORDER OF REFERENCE It is hereby ORDERED that this action be referred to U.S. Magistrate Judge _________ for the selection of the jury pursuant to 28 U.S.C. ' 636(b)(3) and Local Rule 72.1. See Peretz v. United States, 501 U.S. 923, 111 S.Ct. 2661, 115 L.Ed.2d 808 (1991). Any appeal of a decision of the magistrate judge made during jury selection will lie to the court of appeals as it would if made by a district judge.

DONE this the day of , . UNITED STATES DISTRICT JUDGE IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION UNITED STATES OF AMERICA vs. * * * * CR.

NO. NOTICE OF INTENT TO PLEAD GUILTY

Comes now the defendant in the above-styled cause and hereby gives notice of his/her intent to plead guilty to count(s) of the indictment in this cause. This change of plea is based on plea negotiations with the U.S. Attorney. As a result of these plea negotiations and in exchange for my plea of guilty, the Government has agreed to recommend to the Court the following: However, I understand that pursuant to the provisions of Rule 11(e)(1)(B) F.R.Cr.P., a recommendation of the U.S. Attorney pursuant to this plea agreement is not binding upon the Court. I further understand that if my plea of guilty is offered based upon a recommendation of the U.S. Attorney, I will have no right to withdraw my plea of guilty if the Court elects not to accept the recommendation of the U.S. Attorney.

I further understand that I am scheduled to enter my plea on 20 at a.m./ p.m. before United States District Judge . Date: Defendant Attorney for the Defendant Attorney for the Government UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA _________________DIVISION UNITED STATES OF AMERICA VS. ______________________________ Defendant’s Name * * * CR. ACTION NO. _____________________ * * * CERTIFICATION REGARDING THE PRELIMINARY GUIDELINE CALCULATIONS OF THE PROBATION OFFICER The Court, during the arraignment hearing, directed the United States Probation Officer to prepare preliminary calculations, consistent with United States Sentencing Guidelines, as an aide to the parties’ efforts to determine the range of possible sentences that could be imposed should the defendant be found guilty on any pending charge. It was intended that the Court, the defendant, defendant’s attorney and the Assistant United States Attorney, would have had an opportunity to examine the report on preliminary calculations prior to the pretrial conference.

It was also recognized that the calculations would be based on the Probation Officer’s review of the relevant information available to the Probation Officer at the time his report is completed and filed. The Probation Officer in this action has completed the preliminary guideline calculations and they have been shared with the parties. After receipt and review of these preliminary calculations, counsel certifies to the following: 1. A copy of the Probation Officer’s report containing the preliminary guideline calculations has been shown to the defendant and we discussed the guideline calculations contained in the report; 2.

I have provided the defendant with an independent assessment of the preliminary guideline calculations contained in the report; 3. The defendant has been given an opportunity to ask questions regarding the preliminary guideline calculations and I have responded to those questions; and 4. The defendant was advised that the preliminary guideline calculations contained in the report are based on the Probation Officer’s review of the relevant information available to him/her at the time the report was completed and filed, and that the United States Sentencing Guidelines are advisory and do not bind the Court. Furthermore, the defendant was also advised that the preliminary guideline calculations might be different from the final calculations in the event he/she is found guilty on any pending charge and a presentencing report is ordered.

I certify under the penalty of perjury that the foregoing is true and correct on this the ________ day of ______________, 2014. ____________________________________ Attorney’s Signature ____________________________________ Attorney’s Name Printed Attorney for Defendant _______________ UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA ______________ DIVISION UNITED STATES OF AMERICA VS. _______________________________ Defendant. * * * * * * * CR. ACTION NO. ___________________ WAIVER OF RIGHT TO A SPEEDY TRIAL I understand that I have the right to have my trial commence within the time required by the Speedy Trial Act, 18 U.S.C. § § 3161-3174, but have elected to have that time period extended. I, being fully advised of my rights regarding a speedy trial, knowingly, intelligently and voluntarily waive (GIVE UP) my right to a speedy trial. This decision has been made after I: (A) was advised by my attorney of the reasons for seeking a continuance; (B) became aware that the time requested in the extension may be excluded from any calculation of time under the Speedy Trial Act; and (C) with full understanding and knowledge, have agreed to the extension of time that has been requested.

I certify under the penalty of perjury that the foregoing is true and correct on this the ________ day of ______________, 2014. ______________________________________________ DEFENDANT’S NAME APPROVED BY: ______________________________________________ ATTORNEY’S NAME ATTORNEY FOR DEFENDANT UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA ________________________________ vs. ________________________________ Criminal Action No._______________ CRIMINAL DISCLOSURE STATEMENT Pursuant to Criminal Local Rule 12.4 of the Southern District of Alabama and to enable Judges and Magistrate Judges to evaluate possible disqualification or recusal, the undersigned counsel for _____________________________________________________________________ certifies as follows: (1) Non-governmental Parties and Amici Curiae. A. state the full name of every party or amicus the attorney represents in the action; and B. if such party or amicus is a corporation: i. identify any parent corporation and any publicly held corporation owning 10% or more of its stock; or ii. state there is no such corporation; and C. state the names of all law firms whose attorneys will appear, or are expected to appear, for the party in this Court. . ALSD Rev. 5/2014 (2) Organizational Victims. A. state the full name of every victim that has been identified; and B. if such victim is a corporation: i. identify any parent corporation and any publicly held corporation owning 10% or more of its stock; or ii. state there is no such corporation. . _________________________________ Date ______________________________ Signature of Attorney 2 ALSD Rev. 5/2014 PRISONER IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA PRISONER COMPLAINT [FOR INMATE ACTION] UNDER 42 U.S.C. § 1983 ____________________________________ Name under which you were convicted ____________________________ Your prison number vs. ____________________________ Name of Defendant(s) CIVIL ACTION NO. __________________ (To be supplied by Clerk of Court) _________________________________________________________________ Place of Confinement and Address INSTRUCTIONS - READ CAREFULLY A. Complaint Form.

You must file your original complaint and a copy for each named Defendant. Your complaint must be clearly handwritten or typewritten. Do not use the back of a page. Your complaint must be signed by you; no notary is required.

Any false statement of material fact may serve as the basis for prosecution for perjury.

B. Proper Court.

Your complaint can only be brought in this Court if a defendant is located in the Southern District of Alabama and the rest of the defendants are located in Alabama or if your claim arose in this district. The Southern District of Alabama is comprised of the following counties: Baldwin, Clarke, Choctaw, Conecuh, Dallas, Escambia, Hale, Marengo, Mobile, Monroe, Perry, Washington, and Wilcox.

C. Separate Case.

It is necessary to file a separate complaint form for each claim unless the claims are related to the same incident or issue.

D. Defendants.

The persons who are listed as defendants in section III of the complaint are deemed by the Court to be the only defendants to this action. A defendant's present address must be provided. The Court is unable to serve process without the present address being furnished. The first defendant listed in section III should be the defendant that you list in the style of your case on your complaint form and motion to proceed without prepayment of fees and costs, if applicable, and any other pleading filed with the Court.

Rev. 8/1/15 E. Pleading the Complaint. Your complaint should not contain legal arguments, case law or statutory citations. You are required to provide facts. Your complaint shall be a short and plain statement of your claim and shall provide fair notice to each defendant of the claim against that defendant and of the factual grounds upon which the claim rests.

F. Fees.

This complaint cannot be properly filed unless it is accompanied by the $400.00 filing fee, or a motion to proceed without prepayment of fees if you are unable to afford the filing fee and other costs associated with prosecuting this action. If IFP is granted the filing fee is $350.00. If you are unable to pay the filing fee and service costs for this action, you may ask the Court to let you proceed without prepayment of fees and costs. A blank motion for this purpose is included.

If you wish to proceed without prepayment of fees and costs, you must complete and mail to the Clerk of Court a copy of the "Motion to Proceed Without Prepayment of Fees" mailed to you with this complaint. This motion will be returned to you without action unless you have an authorized officer at the jail or prison complete the financial statement mailed to you with this form. Even if the Court authorizes you to proceed without prepayment of filing fees, you are obligated to pay the full $350.00. If you have the ability to pay a partial filing fee when your complaint is filed, you will be required to pay an amount, based on your assets, of up to the greater of 20 percent of your average monthly balance in your prison account or your average monthly balance for six months immediately preceding the filing of your complaint.

Thereafter, your prison account will be garnished at the rate of 20 percent of your monthly income until the filing fee is paid.

G. Form of Pleadings.

All pleadings and other papers filed must be on 8 1/2" x 11" paper, legibly handwritten or typewritten. Every document filed after the complaint must have the style of the case and the docket number. Every pleading must be signed by you and must contain your address and telephone number, if any; otherwise, the pleading will be stricken. See Fed. R. Civ. P. 11(a).

No notary is required.

H. Certificate of Service.

Each pleading filed after the complaint must contain a certificate of service indicating that the pleading has been served on the opposing parties and the date that it was sent. A pleading will be stricken if it does not contain this certificate of service. See Fed. R. Civ. P. 5.

I. Copies.

This Court will not make copies of your complaint or pleadings unless you prepay the required per page copying fee.

J. Form of Pleadings.

Do not write letters to the Court. All pleadings and documents should be sent to the Clerk of the Court, and not to a magistrate judge or a district judge.

K. No Evidence.

No evidence shall be sent to the Court for filing or storing.

I. PREVIOUS LAWSUITS.

2 A. Have you filed any other lawsuits in state or federal court dealing with the same or similar facts involved in this action: Yes ( ) No ( ) B. Have you filed other lawsuits in state or federal court relating to your imprisonment: Yes ( ) No ( ) C. If your answer to questions A or B above is yes, describe each lawsuit in the space below. (If there is more than one lawsuit, describe the additional lawsuits on another piece of paper, using this same outline.) 1. Parties to this previous lawsuit: Plaintiffs: Defendants: 2. Court (if federal court, name the district; if state court, name the county): 3.

Docket Number: 4. Were you granted the opportunity to proceed without payment of filing fees? Yes ( ) No ( ) 5. Name of judge to whom the case was assigned: 6.

If your case is no longer pending and has been dismissed, state the reason given by the Court as to why your case was dismissed, i.e., frivolous, malicious, failed to state a claim, defendants were immune, etc. 7. Approximate date of filing lawsuit: 8. Approximate date of ruling by court: 3 II.

YOUR PRESENT COMPLAINT.

A. Place or institution where action complained of occurred: B. Date it occurred: C. Is there a prisoner grievance procedure in this institution? D. Did you present the facts relating to your complaint in the state prisoner grievance procedure? Yes ( ) No ( ) E. If your answer is YES: 1. What steps did you take?

2. What was the result? F. If your answer is NO, explain why not: G. Your claim (briefly explain your claim: what, when, where, who; do not cite cases; you may, without leave of Court, add up to five (5) additional pages if necessary): 4 III.

PARTIES.

A. Plaintiff (Your name/AIS): Your present address: B. Defendant(s): 1. Defendant (full name) is employed as at . His/her present address is . (a) Claim against this defendant: .

(b) Supporting facts (Include date/location of incident): 2. Defendant (full name) is employed as at . His/her present address is . (a) Claim against this defendant: .

(b) Supporting facts (Include date/location of incident): 3. Defendant (full name) is employed as at . His/her present address is . 5 (a) Claim against this defendant: .

(b) Supporting facts (Include date/location of incident): C. Additional Defendants: (If there are additional defendants, you may list them on separate pages using the same outline above). IV.

A. You must answer the following questions: 1.

State the conviction(s) for which you are presently incarcerated: . 2. When were you convicted? 3.

What is the term of your sentence? 4. When did you start serving this sentence? 5.

Do you have any other convictions which form the basis of a future sentence? Yes ( ) No ( ) If so, complete the following: (a) Date of conviction: (b) Term of sentence: 6. What is your expected end of sentence (E.O.S.) date? B. If this present lawsuit concerns your criminal conviction or sentence, state whether your conviction has been: Conviction Reversed yes( ) no( ) Expunged yes( ) no( ) Invalidated yes( ) no( ) Sentence yes( ) no( ) yes( ) no( ) yes( ) no( ) 6 Writ of habeas yes( ) no( ) corpus granted yes( ) no( ) C. If you answered yes to any of the questions, state the Court or entity that relieved you from your conviction or sentence and the date: V. State briefly exactly what you want the Court to do for you if you win (make no legal argument, cite no cases or statutes): VI.

AFFIRMATION.

By my signature below, I swear or affirm under penalty of perjury that the facts set out in this complaint are true and correct. Date (Signature of Plaintiff Under Penalty of Perjury) Current Mailing Address Telephone Number PLAINTIFF SHALL IMMEDIATELY ADVISE THE COURT IN WRITING OF ANY CHANGE IN HIS ADDRESS, E.G., RELEASED, TRANSFERRED, MOVED, ETC. FAILURE TO NOTIFY THE COURT OF A NEW ADDRESS WILL RESULT IN THE DISMISSAL OF THIS ACTION FOR FAILURE TO PROSECUTE AND TO OBEY THE COURT'S ORDER. 7 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA Name Prison Number Place of Confinement Action No. (To be supplied by Clerk of U. S. District Court) (PETITIONER) (Full name under which you were convicted) (RESPONDENT) (Name of Warden, Superintendent, Jailor, or authorized person having custody of petitioner) v. PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY Instructions - Read Carefully (1) This petition must be legibly handwritten or typewritten, and signed by the petitioner under penalty of perjury. Any false statement of a material fact may serve as the basis for prosecution and conviction for perjury.

All questions must be answered concisely in the proper space on the form. (2) Additional pages are not permitted except with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum.

(3) Upon receipt of a fee of $5, your petition will be filed if it is in proper order. (4) If you do not have the necessary filing fee, you may request permission to proceed in forma pauperis, in which event you must complete the "Motion to Proceed Without Prepayment of Fees and Costs" form mailed to you with this form, and have an authorized officer at the jail or prison complete the attached financial statement. The completed forms must be returned to the federal court clerk in Mobile. (5) Only convictions entered by one court at the same time may be challenged in a single petition.

If you seek to challenge convictions entered by different courts in the same state or in different states, you must file separate petitions as to each court. Revised (cid:27)/201(cid:24) (6) Your attention is directed to the fact that you must include all grounds for relief and all facts supporting such grounds for relief in the petition you file seeking relief from any judgment of conviction. (7) When the petition is fully completed, the original and two copies must be mailed to the Clerk of the United States District Court whose address is 113 Saint Joseph Street, Mobile, Alabama 36602. (8) Petitions which do not conform to these instructions will be returned with a notation as to the deficiency.

(9) You must immediately advise the Court of any change in your address, e.g., if you are released, transferred, moved, etc. Failure to notify the Court of your new address will result in the dismissal of this petition for failure to prosecute and to obey the Court's order.

PETITION 1.

Name and location of court which entered the judgment of conviction under attack: Circuit Court of County, Alabama; Case Number ; Judge . Other court, and case number, if not Circuit Court: . 2. Date of judgment of conviction 3.

Length of sentence 4. Nature of offense involved (all counts) 5. What was your plea? (Check one) (a) Not guilty (b) Guilty (c) Nolo contendere 6.

Kind of trial: (Check one) (a) Jury 2 Revised (cid:27)/201(cid:24) (b) Judge only 7. Did you testify at the trial? Yes No 8. Did you appeal from the judgment of conviction?

Yes No 9. If you did not appeal, explain briefly why you did not: _______________________________ 10. If you did appeal, answer the following: (a) Name of court (b) Result (c) Date of result (d) Did you file a petition for rehearing? Yes No ; if yes, what was the result? ________________________________________________________________________ When did the court rule on your petition?

(e) Did you file a petition for certiorari? Yes No ; if yes, what was the result? When did the court rule on your petition? 11.

Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions (Rule 20, Rule 32, Error Coram Nobis, Habeas Corpus), applications, or motions with respect to this judgment in any state court? Yes No 12. If your answer to 11. was "yes," give the following information: 3 Revised (cid:27)/2015 (a)(1) Name of court Date filed (2) Nature of proceeding (Rule 32, Rule 20, etc.) (3) Grounds raised (4) Did you receive an evidentiary hearing on your petition, application, or motion? Yes No (5) Result (6) Date of result (b) As to any second petition, application or motion, give the same information: (1) Name of court Date filed (2) Nature of proceeding (3) Grounds raised (4) Did you receive an evidentiary hearing on your petition, application, or motion?

Yes No (5) Result (6) Date of result (c) As to any third petition, application or motion, give the same information: (1) Name of court Date filed (2) Nature of proceeding 4 Revised 8/2015 (3) Grounds raised (4) Did you receive an evidentiary hearing on your petition, application, or motion? Yes No (5) Result (6) Date of result (d) Did you appeal the result of action taken on any petition, application or motion to the highest state court having jurisdiction? (1) First petition, etc. Yes No Date filed Result Date of result (2) Second petition, etc. Yes No Date filed: Result: Date of result (3) Third petition, etc. Yes No Date filed Result Date of result (e) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not: 13. State concisely every ground on which you claim that you are being held unlawfully.

Summarize briefly the facts supporting each ground. If necessary, you may attach pages stating additional grounds and facts supporting same. Caution: In order to proceed in the federal court, you must first exhaust your state court 5 Revised 8/2015 remedies as to each ground on which you request action by the federal court. Also, if you fail to set forth all grounds in this petition, you may be barred from presenting additional grounds at a later date.

For your information, the following is a list of the most frequently raised grounds for relief in habeas corpus proceedings. Each statement preceded by a letter constitutes a separate ground for possible relief. You may raise any grounds which you may have other than those listed if you have exhausted your state court remedies with respect to them. However, you should raise in this petition all available grounds (relating to this conviction) on which you base your allegations that you are being held in custody unlawfully.

Do not check any of these listed grounds. If you select one or more of these grounds for relief, you must allege facts. The petition will be returned to you if you merely check (a) through (j) or any one of these grounds. (a) Conviction obtained by plea of guilty which was unlawfully induced or not made voluntarily with understanding of the nature of the charge and the consequences of the plea.

(b) Conviction obtained by use of coerced confession. (c) Conviction obtained by use of evidence gained pursuant to an unconstitutional search and seizure. (d) Conviction obtained by use of evidence obtained pursuant to an unlawful arrest. (e) Conviction obtained by a violation of the privilege against self-incrimination.

(f) Conviction obtained by the unconstitutional failure of the prosecution to disclose to the defendant evidence favorable to the defendant. (g) Conviction obtained by a violation of the protection against double jeopardy. (h) Conviction obtained by action of a grand or petit jury which was unconstitutionally selected and impaneled. (I) Denial of effective assistance of counsel.

(j) Denial of right of appeal.

A. Ground one: 1.

Supporting FACTS (tell your story briefly without citing cases or law): 6 Revised 8/2015 2. Did you raise this claim before the state courts on: Direct appeal: Yes No Rule 20/32 Petition: Yes No Error Coram Nobis: Yes No State Habeas Corpus: Yes No 3. If you did not raise this claim before the state courts, tell why you did not: B. Ground two: 1. Supporting FACTS (tell your story briefly without citing cases or law): 2.

Did you raise this claim before the state courts on: Direct appeal: Yes No Rule 20/32 Petition: Yes No Error Coram Nobis: Yes No State Habeas Corpus: Yes No 3. If you did not raise this claim before the state courts, tell why you did not: 7 Revised 8/2015 C. Ground three 1. Supporting FACTS (tell your story briefly without citing cases or law): 2. Did you raise this claim before the state courts on: Direct appeal: Yes No Rule 20/32 Petition: Yes No Error Coram Nobis: Yes No State Habeas Corpus: Yes No 3.

If you did not raise this claim before the state courts, tell why you did not: D. Ground four: 1. Supporting FACTS (tell your story briefly without citing cases or law): 2. Did you raise this claim before the state courts on: Direct appeal: Yes No Rule 20/32 Petition: Yes No Error Coram Nobis: Yes No State Habeas Corpus: Yes No 8 Revised 8/2015 3. If you did not raise this claim before the state courts, tell why you did not: 14.

A. Have any of the grounds listed in this present habeas corpus petition ever been raised by you in any other federal habeas corpus petition? Yes No . If yes, which grounds? State the name and case number of your previous federal habeas corpus petition: B. Have you previously filed a habeas corpus petition attacking this present conviction in this or any other federal court?

Yes No . If yes, state the name and case number of your previous federal habeas corpus petition: 15. Do you have any petition or appeal now pending in any court, either state or federal, as to the judgment under attack? Yes No .

If yes, name the court: and state the name and case number of the petition or appeal: 16. Give the name and address, if known, of each attorney who represented you in the following stages of the judgment attacked herein: (a) At preliminary hearing (b) At arraignment and plea (c) At trial 9 Revised 8/2015 (d) At sentencing (e) On appeal (f) In any post-conviction proceeding (g) On appeal from any adverse ruling in a post-conviction proceeding 17. Were you sentenced on more than one count of an indictment, or on more than one indictment, in the same court and at the same time? Yes No 18.

Do you have any future sentence to serve after you complete the sentence imposed by the judgment under attack? Yes No (a) If so, give name and location of court which imposed sentence to be served in the future: (b) And give date and length of sentence to be served in the future: (c) Have you filed, or do you contemplate filing, any petition attacking the judgment which imposed the sentence to be served in the future? Yes No 19. TIMELINESS OF PETITION: This petition is subject to a one-year statute of limitations contained in The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2244(d): (1) A one-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court.

The limitation period shall run from the latest of – (A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, 10 Revised 8/2015 if the applicant was prevented from filing by such state action; (C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or (D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence. (2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection. If your judgment of conviction became final over one year ago, you must explain, in the space provided below, why the one-year statute of limitations contained in 28 U.S.C. § 2244(d) does not bar your petition. 11 Revised 8/2015 Wherefore, petitioner prays that the Court grant petitioner relief to which he may be entitled in this proceeding.

Signature of Attorney (if any) Typed or printed name of attorney (if any) I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed and delivered to custodial authorities for mailing on . (date) Signature of Petitioner Current mailing address 12 Revised 8/2015 AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241 Instructions 1. 2.

3. 4. 5. 6.

7. Who Should Use This Form. You should use this form if • you are a federal prisoner and you wish to challenge the way your sentence is being carried out (for example, you claim that the Bureau of Prisons miscalculated your sentence or failed to properly award good time credits); you are in federal or state custody because of something other than a judgment of conviction (for example, you are in pretrial detention or are awaiting extradition); or you are alleging that you are illegally detained in immigration custody. Who Should Not Use This Form.

You should not use this form if • you are challenging the validity of a federal judgment of conviction and sentence (these challenges are generally raised in a motion under 28 U.S.C. § 2255); you are challenging the validity of a state judgment of conviction and sentence (these challenges are generally raised in a petition under 28 U.S.C. § 2254); or you are challenging a final order of removal in an immigration case (these challenges are generally raised in a petition for review directly with a United States Court of Appeals). • • • • Preparing the Petition. The petition must be typed or neatly written, and you must sign and date it under penalty of perjury. A false statement may lead to prosecution. All questions must be answered clearly and concisely in the space on the form.

If needed, you may attach additional pages or file a memorandum in support of the petition. If you attach additional pages, number the pages and identify which section of the petition is being continued. Note that some courts have page limitations. All filings must be submitted on paper sized 8½ by 11 inches.

Do not use the back of any page. Supporting Documents. In addition to your petition, you must send to the court a copy of the decisions you are challenging and a copy of any briefs or administrative remedy forms filed in your case. Required Filing Fee.

You must include the $5 filing fee required by 28 U.S.C. § 1914(a). If you are unable to pay the filing fee, you must ask the court for permission to proceed in forma pauperis – that is, as a person who cannot pay the filing fee – by submitting the documents that the court requires. Submitting Documents to the Court. Mail your petition and District Court for the district and division in which you are confined.

For a list of districts and divisions, see 28 U.S.C. §§ 81-131. All copies must be identical to the original. Copies may be legibly handwritten. copies to the clerk of the United States If you want a file-stamped copy of the petition, you must enclose an additional copy of the petition and ask the court to file-stamp it and return it to you. Change of Address.

You must immediately notify the court in writing of any change of address. If you do not, the court may dismiss your case. Page 1 of 10 AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 UNITED STATES DISTRICT COURT for the __________ District of __________ Petitioner v. Respondent (name of warden or authorized person having custody of petitioner Case No. (Supplied by Clerk of Court) PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241 Personal Information 1. 2.

(a) Your full name: (b) Other names you have used: Place of confinement: (a) Name of institution: (b) Address: (c) Your identification number: 3. Are you currently being held on orders by: ’ Federal authorities ’ State authorities ’ Other - explain: 4. Are you currently: ’ A pretrial detainee (waiting for trial on criminal charges) ’ Serving a sentence (incarceration, parole, probation, etc.) after having been convicted of a crime If you are currently serving a sentence, provide: (a) Name and location of court that sentenced you: (b) Docket number of criminal case: (c) Date of sentencing: ’ Being held on an immigration charge ’ Other (explain): Page 2 of 10 AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 Decision or Action You Are Challenging 5. What are you challenging in this petition: ’ How your sentence is being carried out, calculated, or credited by prison or parole authorities (for example, revocation or calculation of good time credits) ’ Pretrial detention ’ Immigration detention ’ Detainer ’ The validity of your conviction or sentence as imposed (for example, sentence beyond the statutory maximum or improperly calculated under the sentencing guidelines) ’ Disciplinary proceedings ’ Other (explain): 6.

Provide more information about the decision or action you are challenging: (a) Name and location of the agency or court: (b) Docket number, case number, or opinion number: (c) Decision or action you are challenging (for disciplinary proceedings, specify the penalties imposed): (d) Date of the decision or action: Your Earlier Challenges of the Decision or Action 7. First appeal Did you appeal the decision, file a grievance, or seek an administrative remedy? ’ Yes ’ No (a) If “Yes,” provide: (1) Name of the authority, agency, or court: (2) Date of filing: (3) Docket number, case number, or opinion number: (4) Result: (5) Date of result: (6) Issues raised: Page 3 of 10 AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (b) If you answered “No,” explain why you did not appeal: 8. Second appeal After the first appeal, did you file a second appeal to a higher authority, agency, or court? ’ Yes ’ No (a) If “Yes,” provide: (1) Name of the authority, agency, or court: (2) Date of filing: (3) Docket number, case number, or opinion number: (4) Result: (5) Date of result: (6) Issues raised: (b) If you answered “No,” explain why you did not file a second appeal: 9. Third appeal After the second appeal, did you file a third appeal to a higher authority, agency, or court? ’ Yes ’ No (a) If “Yes,” provide: (1) Name of the authority, agency, or court: (2) Date of filing: (3) Docket number, case number, or opinion number: (4) Result: (5) Date of result: (6) Issues raised: Page 4 of 10 AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (b) If you answered “No,” explain why you did not file a third appeal: 10.

Motion under 28 U.S.C. § 2255 In this petition, are you challenging the validity of your conviction or sentence as imposed? ’ Yes ’ No If “Yes,” answer the following: (a) Have you already filed a motion under 28 U.S.C. § 2255 that challenged this conviction or sentence? ’ Yes ’ No If “Yes,” provide: (1) Name of court: (2) Case number: (3) Date of filing: (4) Result: (5) Date of result: (6) Issues raised: (b) Have you ever filed a motion in a United States Court of Appeals under 28 U.S.C. § 2244(b)(3)(A), seeking permission to file a second or successive Section 2255 motion to challenge this conviction or sentence? ’ Yes ’ No If “Yes,” provide: (1) Name of court: (2) Case number: (3) Date of filing: (4) Result: (5) Date of result: (6) Issues raised: Page 5 of 10 AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (c) Explain why the remedy under 28 U.S.C. § 2255 is inadequate or ineffective to challenge your conviction or sentence: 11. Appeals of immigration proceedings Does this case concern immigration proceedings? ’ Yes ’ No If “Yes,” provide: (a) (b) (c) Date you were taken into immigration custody: Date of the removal or reinstatement order: Did you file an appeal with the Board of Immigration Appeals? ’ Yes ’ No If “Yes,” provide: (1) Date of filing: (2) Case number: (3) Result: (4) Date of result: (5) Issues raised: (d) Did you appeal the decision to the United States Court of Appeals? ’ Yes ’ No If “Yes,” provide: (1) Name of court: (2) Date of filing: (3) Case number: Page 6 of 10 AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (4) Result: (5) Date of result: (6) Issues raised: 12. Other appeals Other than the appeals you listed above, have you filed any other petition, application, or motion about the issues raised in this petition? ’ Yes ’ No If “Yes,” provide: (a) Kind of petition, motion, or application: (b) Name of the authority, agency, or court: (c) Date of filing: (d) Docket number, case number, or opinion number: (e) Result: (f) Date of result: (g) Issues raised: Grounds for Your Challenge in This Petition 13. State every ground (reason) that supports your claim that you are being held in violation of the Constitution, laws, or treaties of the United States.

Attach additional pages if you have more than four grounds. State the facts supporting each ground. GROUND ONE: Page 7 of 10 AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (a) Supporting facts (Be brief. Do not cite cases or law.): (b) Did you present Ground One in all appeals that were available to you? ’ Yes ’ No GROUND TWO: (a) Supporting facts (Be brief.

Do not cite cases or law.): (b) Did you present Ground Two in all appeals that were available to you? ’ Yes ’ No GROUND THREE: (a) Supporting facts (Be brief. Do not cite cases or law.): (b) Did you present Ground Three in all appeals that were available to you? ’ Yes ’ No Page 8 of 10 AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 GROUND FOUR: (a) Supporting facts (Be brief. Do not cite cases or law.): (b) Did you present Ground Four in all appeals that were available to you? ’ Yes ’ No 14. If there are any grounds that you did not present in all appeals that were available to you, explain why you did not: 15.

State exactly what you want the court to do: Request for Relief Page 9 of 10 AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 Declaration Under Penalty Of Perjury If you are incarcerated, on what date did you place this petition in the prison mail system: I declare under penalty of perjury that I am the petitioner, I have read this petition or had it read to me, and the information in this petition is true and correct. I understand that a false statement of a material fact may serve as the basis for prosecution for perjury. Date: Signature of Petitioner Signature of Attorney or other authorized person, if any Page 10 of 10 Motion to Vacate, Set Aside, or Correct a Sentence By a Person in Federal Custody (Motion Under 28 U.S.C. § 2255) Instructions 1. 2.

3. 4. 5. 6.

7. 8. 9. To use this form, you must be a person who is serving a sentence under a judgment against you in a federal court.

You are asking for relief from the conviction or the sentence. This form is your motion for relief. You must file the form in the United States district court that entered the judgment that you are challenging. If you want to challenge a federal judgment that imposed a sentence to be served in the future, you should file the motion in the federal court that entered that judgment.

Make sure the form is typed or neatly written. You must tell the truth and sign the form. If you make a false statement of a material fact, you may be prosecuted for perjury. Answer all the questions.

You do not need to cite law. You may submit additional pages if necessary. If you do not fill out the form properly, you will be asked to submit additional or correct information. If you want to submit a brief or arguments, you must submit them in a separate memorandum.

If you cannot pay for the costs of this motion (such as costs for an attorney or transcripts), you may ask to proceed in forma pauperis (as a poor person). To do that, you must complete this court’s Motion to Proceed Without Prepayment of Fees, which can be requested from the Clerk’s Office. Also, you must submit a certificate signed by an officer at the institution where you are confined showing the amount of money that the institution is holding for you. In this motion, you may challenge the judgment entered by only one court.

If you want to challenge a judgment entered by a different judge or division (either in the same district or in a different district), you must file a separate motion. When you have completed the form, send the original and two copies to the Clerk of the United States District Court at this address: United States District Court for the Southern District of Alabama Charles R. Diard, Jr., Clerk 113 St. Joseph Street, Mobile, Alabama, 36602 CAUTION: You must include in this motion all the grounds for relief from the conviction or sentence that you challenge. And you must state the facts that support each ground. If you fail to set forth all the grounds in this motion, you may be barred from presenting additional grounds at a later date.

10. CAPITAL CASES: If you are under a sentence of death, you are entitled to the assistance of counsel and should request the appointment of counsel. AO 243 (Rev. 10/07) MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY United States District Court for the Southern District of Alabama Name (under which you were convicted): Docket or Case No.: Place of Confinement: Prisoner No.: UNITED STATES OF AMERICA Movant (include name under which convicted) V. MOTION 1. (a) Name and location of court which entered the judgment of conviction you are challenging: (b) Criminal docket or case number (if you know): 2.

(a) Date of the judgment of conviction (if you know): (b) Date of sentencing: 3. Length of sentence: 4. Nature of crime (all counts): 5. (a) What was your plea?

(Check one) (1) Not guilty (2) Guilty (3) Nolo contendere (no contest) (b) If you entered a guilty plea to one count or indictment, and a not guilty plea to another count or what did you plead guilty to and what did you plead not guilty to? 6. If you went to trial, what kind of trial did you have? (Check one) Jury Judge only AO 243 (Rev. 10/07) Page 3 7.

Did you testify at a pretrial hearing, trial, or post-trial hearing? Yes No 8. Did you appeal from the judgment of conviction? Yes No 9.

If you did appeal, answer the following: (a) Name of court: (b) Docket or case number (if you know): (c) Result: (d) Date of result (if you know): (e) Citation to the case (if you know): (f) Grounds raised: (g) Did you file a petition for certiorari in the United States Supreme Court? Yes No If “Yes,” answer the following: (1) Docket or case number (if you know): (2) Result: (3) Date of result (if you know): (4) Citation to the case (if you know): (5) Grounds raised: 10. Other than the direct appeals listed above, have you previously filed any other motions, petitions, or applications, concerning this judgment of conviction in any court? Yes No 11.

If your answer to Question 10 was “Yes,” give the following information: (a) (1) Name of court: (2) Docket or case number (if you know): (3) Date of filing (if you know): AO 243 (Rev. 10/07) (4) Nature of the proceeding: (5) Grounds raised: (6) Did you receive a hearing where evidence was given on your motion, petition, or application? Yes No (7) Result: (8) Date of result (if you know): (b) If you filed any second motion, petition, or application, give the same information: (1) Name of court: (2) Docket of case number (if you know): (3) Date of filing (if you know): (4) Nature of the proceeding: (5) Grounds raised: (6) Did you receive a hearing where evidence was given on your motion, petition, or application? Yes No (7) Result: (8) Date of result (if you know): (c) Did you appeal to a federal appellate court having jurisdiction over the action taken on your motion, petition, or application? (1) First petition: (2) Second petition: Yes Yes No No AO 243 (Rev. 10/07) (d) If you did not appeal from the action on any motion, petition, or application, explain briefly why you did not: 12.

For this motion, state every ground on which you claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. GROUND ONE: (a) Supporting facts (Do not argue or cite law.

Just state the specific facts that support your claim.): (b) Direct Appeal of Ground One: (1) If you appealed from the judgment of conviction, did you raise this issue? Yes No (2) If you did not raise this issue in your direct appeal, explain why: (c) Post-Conviction Proceedings: (1) Did you raise this issue in any post-conviction motion, petition, or application? Yes No (2) If you answer to Question (c)(1) is “Yes,” state: Type of motion or petition: Name and location of the court where the motion or petition was filed: AO 243 (Rev. 10/07) Docket or case number (if you know): Date of the court’s decision: Result (attach a copy of the court’s opinion or order, if available): (3) Did you receive a hearing on your motion, petition, or application? Yes No (4) Did you appeal from the denial of your motion, petition, or application?

Yes No (5) If your answer to Question (c)(4) is “Yes,” did you raise the issue in the appeal? Yes No (6) If your answer to Question (c)(4) is “Yes,” state: Name and location of the court where the appeal was filed: Docket or case number (if you know): Date of the court’s decision: Result (attach a copy of the court’s opinion or order, if available): (7) If your answer to Question (c)(4) or Question (c)(5) is “No,” explain why you did not appeal or raise this issue: GROUND TWO: (a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): AO 243 (Rev. 10/07) (b) Direct Appeal of Ground Two: (1) If you appealed from the judgment of conviction, did you raise this issue? Yes No (2) If you did not raise this issue in your direct appeal, explain why: (c) Post-Conviction Proceedings: (1) Did you raise this issue in any post-conviction motion, petition, or application?

Yes No (2) If you answer to Question (c)(1) is “Yes,” state: Type of motion or petition: Name and location of the court where the motion or petition was filed: Docket or case number (if you know): Date of the court’s decision: Result (attach a copy of the court’s opinion or order, if available): (3) Did you receive a hearing on your motion, petition, or application? Yes No (4) Did you appeal from the denial of your motion, petition, or application? Yes No (5) If your answer to Question (c)(4) is “Yes,” did you raise the issue in the appeal? Yes No (6) If your answer to Question (c)(4) is “Yes,” state: Name and location of the court where the appeal was filed: Docket or case number (if you know): Date of the court’s decision: Result (attach a copy of the court’s opinion or order, if available): AO 243 (Rev. 10/07) (7) If your answer to Question (c)(4) or Question (c)(5) is “No,” explain why you did not appeal or raise this issue: GROUND THREE: (a) Supporting facts (Do not argue or cite law.

Just state the specific facts that support your claim.): (b) Direct Appeal of Ground Three: (1) If you appealed from the judgment of conviction, did you raise this issue? Yes No (2) If you did not raise this issue in your direct appeal, explain why: (c) Post-Conviction Proceedings: (1) Did you raise this issue in any post-conviction motion, petition, or application? Yes No (2) If you answer to Question (c)(1) is “Yes,” state: Type of motion or petition: Name and location of the court where the motion or petition was filed: Docket or case number (if you know): Date of the court’s decision: AO 243 (Rev. 10/07) Result (attach a copy of the court’s opinion or order, if available): (3) Did you receive a hearing on your motion, petition, or application? Yes No (4) Did you appeal from the denial of your motion, petition, or application?

Yes No (5) If your answer to Question (c)(4) is “Yes,” did you raise the issue in the appeal? Yes No (6) If your answer to Question (c)(4) is “Yes,” state: Name and location of the court where the appeal was filed: Docket or case number (if you know): Date of the court’s decision: Result (attach a copy of the court’s opinion or order, if available): (7) If your answer to Question (c)(4) or Question (c)(5) is “No,” explain why you did not appeal or raise this issue: GROUND FOUR: (a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): AO 243 (Rev. 10/07) (b) Direct Appeal of Ground Four: (1) If you appealed from the judgment of conviction, did you raise this issue? Yes No (2) If you did not raise this issue in your direct appeal, explain why: (c) Post-Conviction Proceedings: (1) Did you raise this issue in any post-conviction motion, petition, or application?

Yes No (2) If you answer to Question (c)(1) is “Yes,” state: Type of motion or petition: Name and location of the court where the motion or petition was filed: Docket or case number (if you know): Date of the court’s decision: Result (attach a copy of the court’s opinion or order, if available): (3) Did you receive a hearing on your motion, petition, or application? Yes No (4) Did you appeal from the denial of your motion, petition, or application? Yes No (5) If your answer to Question (c)(4) is “Yes,” did you raise the issue in the appeal? Yes No (6) If your answer to Question (c)(4) is “Yes,” state: Name and location of the court where the appeal was filed: Docket or case number (if you know): Date of the court’s decision: Result (attach a copy of the court’s opinion or order, if available): AO 243 (Rev. 10/07) (7) If your answer to Question (c)(4) or Question (c)(5) is “No,” explain why you did not appeal or raise this issue: 13.

Is there any ground in this motion that you have not previously presented in some federal court? If so, which ground or grounds have not been presented, and state your reasons for not presenting them: 14. Do you have any motion, petition, or appeal now pending (filed and not decided yet) in any court for the judgment you are challenging? Yes No If “Yes,” state the name and location of the court, the docket or case number, the type of proceeding, and the issues raised.

15. Give the name and address, if known, of each attorney who represented you in the following stages of the judgment you are challenging: (a) At the preliminary hearing: (b) At the arraignment and plea: (c) At the trial: (d) At sentencing: AO 243 (Rev. 10/07) (e) On appeal: (f) In any post-conviction proceeding: (g) On appeal from any ruling against you in a post-conviction proceeding: Page 12 16. Were you sentenced on more than one court of an indictment, or on more than one indictment, in the same court and at the same time? Yes No 17.

Do you have any future sentence to serve after you complete the sentence for the judgment that you are challenging? Yes No (a) If so, give name and location of court that imposed the other sentence you will serve in the future: (b) Give the date the other sentence was imposed: (c) Give the length of the other sentence: (d) Have you filed, or do you plan to file, any motion, petition, or application that challenges the judgment or sentence to be served in the future? Yes No AO 243 (Rev. 10/07) Page 13 18. TIMELINESS OF MOTION: If your judgment of conviction became final over one year ago, you must explain why the one-year statute of limitations as contained in 28 U.S.C. § 2255 does not bar your motion.* * The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) as contained in 28 U.S.C. § 2255, paragraph 6, provides in part that: A one-year period of limitation shall apply to a motion under this section.

The limitation period shall run from the latest of – the date on which the judgment of conviction became final; the date on which the impediment to making a motion created by governmental action in violation of (1) (2) the Constitution or laws of the United States is removed, if the movant was prevented from making such a motion by such governmental action; (3) been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or (4) through the exercise of due diligence. the date on which the right asserted was initially recognized by the Supreme Court, if that right has the date on which the facts supporting the claim or claims presented could have been discovered AO 243 (Rev. 10/07) Therefore, movant asks that the Court grant the following relief: or any other relief to which movant may be entitled. Signature of Attorney (if any) I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct and that this Motion . under 28 U.S.C. § 2255 was placed in the prison mailing system on (month, date, year) Executed (signed) on (date). If the person signing is not movant, state relationship to movant and explain why movant is not signing this motion. Signature of Movant IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA Plaintiff(s)/Petitioner(s) vs. CIVIL ACTION NO. (To be supplied by Clerk of Court) Defendant(s)/Respondent(s) MOTION TO PROCEED WITHOUT PREPAYMENT OF FEES I, , a United States citizen, make this Motion to Proceed Without Prepayment of Fees pursuant to Title 28 U.S.C. § 1915 in order to proceed in forma pauperis in this action.

I am unable to make prepayment of fees or to give security therefor, and it is my belief that I am entitled to redress. I have not divested myself of any property, monies or any items of value for the purpose of avoiding payment of said fees.

I. BRIEF STATEMENT AS TO THE NATURE OF THE ACTION: II.

RESIDENCE: Your address: (Street) (City) (State) (Zip Code) III.

MARITAL STATUS: 1.

Single _______ Married _______ 2. If married, spouse's full name: Separated _______ Divorced _______ IV.

DEPENDENTS: 1.

Number: _______ 2. Relationship to dependent(s): 3. How much money do you contribute toward your dependents' support on a monthly basis? $ _______________ Revised (cid:27)/1/(cid:20)(cid:24) V. EMPLOYMENT: 1. Name of employer: a. Address of employer: (Street) (City) (State) b. How long have you been employed by present employer?

Years: _______ c. Income: Monthly $_______________ or Weekly $_______________ d. What is your job title? Months _______ (Zip Code) 2. If unemployed, date of last employment: Amount of salary and wages received per month in last employment: $ ________ 3. Is spouse employed? __________ If so, name of employer: a. Income: Monthly $_______________ or Weekly $_______________ b. What is spouse's job title?

4. Are you and/or your spouse receiving welfare aid? If so, amount: Monthly $_______________ or Weekly $_______________ VI.

FINANCIAL STATUS 1.

Owner of real property (excluding ordinary household furnishings and clothing): a. Description: b. Full Address: c. In whose name: d. Estimated value - - - - - - - - - - - - - - - - - - - - - - - - - - - $ e. Total amount owed - - - - - - - - - - - - - - - - - - - - - - - - - $ $ Owed to: $ f. Annual income from property - - - - - - - - - - - - - - - - - - $ 2. Other assets/property, such as automobiles, boats, motor homes, court judgments, etc. (If more than two, list information on back): a. Asset (2) Asset (1) Make & Model: In whose name registered? Present Value of Asset: Amount owed: Owed to: b. Total cash in banks, savings and loan associations, prisoner accounts, 2 financial institutions, other repositories, or anywhere else - $ c. List monies received by you during the last twelve (12) months, or held for you by banks, savings and loan associations, prisoner accounts, other financial institutions, or other sources as indicated below: Business, profession or other forms of self-employment - $ Rent payments, interest or dividends - - - - - - - - - - - - - - $ Pensions, annuities or life insurance payments - - - - - - - $ $ Gifts or inheritances - - - - - - - - - - - - - - - - - - - - - - - - - - Stocks, bonds or notes - - - - - - - - - - - - - - - - - - - - - - - - $ Tax refunds, Veteran benefits or social security benefits $ Any other sources - - - - - - - - - - - - - - - - - - - - - - - - - - - $ 3. Obligations: a. Monthly rental on house or apartment - - - - - - - - - - - - $ b. Monthly mortgage payments on house - - - - - - - - - - - - $ 4.

Other information pertinent to your financial debts and obligations: (Creditor) (Creditor) (Creditor) (Total debt) (Monthly payment) (Total debt) (Monthly payment) (Total debt) (Monthly payment) 5. If you have indicated that you have minimal or no assets or income, please explain how you provide for your basic living needs such as food, clothing and shelter. (e.g. food stamps, family assistance or charitable contributions.) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Other (Explain): _________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 3 VII. ALL PLAINTIFFS/PETITIONERS MUST READ AND SIGN: I UNDERSTAND that any false statement(s) of a material fact contained herein may serve as the basis of prosecution and conviction for perjury or making false statements.

FURTHER, I CERTIFY that all questions contained herein have been answered and are true and correct to the best of my knowledge and belief.

DATE SIGNATURE OF PLAINTIFF/PETITIONER ADDRESS 4 VIII.

FOR PRISONER PLAINTIFFS/PETITIONERS ONLY: A financial statement containing all transactions in your prisoner account for the six (6) months immediately preceding the filing of the Complaint must accompany this Motion. The financial statement must be in the form of a computer printout or bank ledger card prepared by the institution; a notarized financial statement that you prepare; or a financial statement prepared by an authorized officer of the institution. Failure to provide this financial statement information may result in the dismissal of this action. The requirement to submit the financial statement addressed above does not negate your responsibility to ensure that the Certificate found below is also properly executed and filed.

I hereby authorize the agency having custody of me to collect from my prison account and forward to the Clerk of the United States District Court payments in accordance with 28 U.S.C. § 1915(b)(2). I understand that even if I am allowed to proceed in forma pauperis or pay a partial filing fee and even if my case is later dismissed for any reason, I am obligated to pay to the Clerk of the Court the full amount of the filing fee $350.00 if your IFP application is granted, or $400.00 if your IFP application is denied for a civil action, $5.00 for a habeas corpus petition, or $505.00 for an appeal. ____________________ _______________________________________________ DATE SIGNATURE OF PLAINTIFF/PETITIONER CERTIFICATE (To be completed by the institution of incarceration) I certify that the applicant named herein has the sum of $__________ on account to his/her credit at _________________________ (name of institution). I further certify that during the past six months the applicant's average monthly balance was $__________. I further certify that during the past six months the average of monthly deposits to the applicant's account was $__________.

(Please attach a certified copy of the applicant's account statement showing transactions for the past six months.) ____________________ _______________________________________________ DATE SIGNATURE OF AUTHORIZED OFFICER 5 GARNISHMENTS IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION , Plaintiff(s), v. , Defendant(s) * * * * * Civil Action No. WRIT OF GARNISHMENT TO THE UNITED STATES MARSHAL FOR THE SOUTHERN DISTRICT OF ALABAMA, OR TO ANY OTHER AUTHORIZED OFFICER, GREETINGS: You are hereby commanded forthwith to summon as Garnishee in the above-styled cause to appear within thirty (30) days from the date of service of this process, before the United States District Court for the Southern District of Alabama, at Mobile, Alabama, and file a written answer, upon oath: (1) (2) (3) (4) as to whether you are or were indebted to the defendant at the time you received this process, or when you make your answer, or during the intervening time, and in what sum or sums; whether you will be indebted to him in the future by existing contract or whether by existing contract you are liable to him for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property or which may be payable in personal property; and whether you have or not in your possession or under your control real or personal property or things in action belonging to the said defendant. Mailing the notarized answer to the Clerk of the Court constitutes making a proper appearance in the court. The United States Marshal, or other authorized officer, is hereby commanded to serve a copy of the above Writ of Garnishment on the above-named Garnishee, and make return of this Writ and the execution thereof, according to law. Issued this the day of , 20 .

CHARLES R. DIARD, JR., CLERK, By: Deputy Clerk IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION , Plaintiff(s), v. , Defendant(s) * * * Civil Action No. * NOTICE TO DEFENDANT OF ISSUANCE OF GARNISHMENT TO: You will please take notice that garnishment was issued in the above-entitled cause against on the day of , , returnable to the United States District Court for the Southern District of Alabama, at Mobile, Alabama, within thirty (30) days from date of service of process on said Garnishee. Dated this day of , 20 . CHARLES R. DIARD, JR., CLERK, By: Deputy Clerk IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION , Plaintiff(s), v. , Defendant(s) * * * * Civil Action No. ANSWER OF GARNISHEE Now, on this day comes , Garnishee in the above- styled action, and for answer to the writ of Garnishment served upon on the day of , 20 , upon oath, says that IS / IS NOT indebted to the above-named Defendant at the time of service of the writ of Garnishment in the above- stated cause, or at the time of making answer hereto; and that WILL / WILL NOT be indebted in the future to the said Defendant by a contract then existing, or at the time of this process; and that HAS / HAS NOT in possession, or under control, personal or real property, or things in action belonging to the said Defendant. Other (Explain) And Garnishee having fully answered, prays to be discharged WITH / WITH OUT reasonable costs in this behalf expended.

Sworn to and subscribed before me this day of , 20 . Garnishee or Agent (Signature) Notary Public INSTRUCTIONS TO GARNISHEE: 1. AMOUNT GARNISHED: The principal amount, rate of interest, starting date of interest, and costs are set out in the Writ of Garnishment or Affidavit served upon you. The amount garnished consists of all of these.

2. AMOUNT WITHHELD: Under Federal law, 15 U.S.C. §1673(a), you should withhold each pay period: (a) (b) 25% of disposable earnings each week, or the amount by which disposable earnings for the week exceed thirty times the Federal minimum hourly wage, whichever is less. 3. “DISPOSABLE EARNINGS ” means that part of earnings remaining after deduction of any amount required by law to be withheld (such as, amount of deductions for social security taxes and withholding taxes, but not court-ordered alimony and child support payments which must be included in “disposable earnings”).

15 U.S.C. §1672(b); First National Bank v. Hasty, 415 S.Supp 170 (E.D. Mich, 1976), affirmed 573 F.2d 1310 (6th Cir. 1977). 4. DISBURSEMENT OF WITHHELD AMOUNTS: Section 6-10-7, Code of Alabama 1975, provides: “The garnishee shall retain...the wages,...as is necessary to accumulate a sum equal to the amount shown as due by the Court on the writ or levy, at which time the garnishee shall pay same into the Court.” Mail remittances to: Charles R. Diard, Jr., Clerk United States District Court 113 St. Joseph Street Mobile, AL 36602 Your check or money order should be made payable to the “Clerk of the U.S. District Court.” Indicate on each remittance the name of the case and the Civil Action Number, so that proper credit will be given for the remittance.

5. NOTE: If you fail to respond to the summons within thirty (30) days, a judgment may be entered against you for the amount of the claim. 1975 Code of Ala., §§6-6-393 and 457, Federal Rules of Civil Procedure, Rule 69. Questions: Call this office: (334) 690-2371 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION RIGHT TO CLAIM EXEMPTION FROM GARNISHMENT A process of garnishment has been delivered to you.

This means that a court may order your wages, money in a bank, sums owed to you, or other property belonging to you, to be paid into court to satisfy a judgment against you. Laws of the State of Alabama and of the United States provide that in some circumstances certain money and property may not be taken to pay certain types of court judgments, because certain money or property may be “exempt” from garnishment. For example, under state law, in some circumstances, up to $3,000.00 in wages, personal property, including money, bank accounts, automobiles, appliances, etc., may be exempt from process of garnishment. Similarly, under federal law, certain benefits and certain welfare payments may be exempt from garnishment.

THESE EXAMPLES ARE FOR PURPOSES OF ILLUSTRATION ONLY.

Whether you will be entitled to claim any exemption from the process of garnishment, and if so, what property may be exempt, will be determined by the facts in your particular case. If you are uncertain as to your possible exemption rights, you should consult a lawyer for advice. To claim any exemption that may be available to you, you must prepare a “Claim of Exemption” form listing on it all your wages and personal property, have the claim of exemption notarized and file it in the Clerk’s Office. Also, it is your responsibility to mail or deliver a copy of the claim to the plaintiff who has a judgment against you.

You must indicate on the claim that you file in the Clerk’s Office whether you mailed or delivered the copy to the plaintiff and the date on which you mailed or delivered it. The clerk cannot give you legal advice. If you need assistance you should see a lawyer. If you file a Claim of Exemption, the Plaintiff will have approximately ten (10) days to file a “contest” of your claim.

If a contest is filed, a court hearing will be scheduled and you will be notified of the time and place of the hearing. If the Plaintiff does not file a contest, the property claimed by you as exempt will be released from the garnishment. If you do not file a Claim of Exemption, your property may be turned over to the court and paid to the Plaintiff on the judgment against you. TO PROTECT YOUR RIGHTS, IT IS IMPORTANT THAT YOU ACT PROMPTLY.

IF YOU HAVE ANY QUESTIONS, YOU SHOULD CONSULT A LAWYER.

Charles R. Diard, Jr., Clerk of Court