Petitions for Writ of Habeas Corpus

State Prisoners. When a petition for the writ of habeas corpus is filed by a person in state (a) custody, either the necessary filing fee or an application to proceed in forma pauperis must accompany the petition. Every petition for habeas corpus relief by a state prisoner must comply with the Rules Governing Section 2254 Cases in The United States District Courts. All pro se petitions for writs of habeas corpus must be filed on a set of standardized forms to be supplied, upon request, by the Clerk without cost to the petitioner.

Counsel filing a petition for writ of habeas corpus need not use a standardized form, but any petition shall contain essentially the same information as set forth on said form. Federal Prisoners. When a petition for the writ of habeas corpus is filed by a person in (b) federal custody, a filing fee is not required. Every petition for habeas corpus relief by a federal prisoner must comply with the Rules Governing Section 2255 Proceedings in The United States District Courts.

All pro se petitions for writs of habeas corpus must be filed on a set of standardized forms to be supplied, upon request, by the Clerk without cost to the petitioner. Counsel filing a petition for writ of habeas corpus need not use a standardized form, but any petition shall contain essentially the same information as set forth on said form. Reference to Magistrate Judge. Should an evidentiary hearing be required relative to a (c) petition for the writ of habeas corpus, the Court may refer the matter to a magistrate judge for a report and recommendation.

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