Writs of Mandamus and Prohibition and Other

Extraordinary Writs and Complaints of Unreasonable Delay (a) No responsive pleading to a petition for an extraordinary writ to the district court or an administrative agency, including a petition seeking relief from unreasonable agency delay, is permitted unless requested by the court. No such petition will be granted in the absence of such a request. (b) A petition for a writ of mandamus or a writ of prohibition to the district court must not bear the name of the district judge, but instead be titled, "In re , Petitioner." Unless otherwise ordered, the district judge will be represented pro forma by counsel for the party opposing the relief, who will appear in the name of such party and not that of the judge. (c) Unless the court directs otherwise, the original and 4 copies of a petition for an extraordinary writ, and of any responsive pleading or reply authorized by the court, must be filed with the clerk.

(d) A certificate of parties and amici curiae, as described in Circuit Rule 28(a)(1)(A), and a disclosure statement, as described in FRAP 26.1 and Circuit Rule 26.1, must be attached as an addendum to the petition, unless such documents have been filed previously with the court. Any required disclosure statement must also be attached to any answer to the petition. (e) Motions to extend time for filing and to exceed length limits for petitions, answers, and replies are governed by Circuit Rule 27(g)-(h). Rule 21 TITLE VI.

HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS Rule 22. Habeas Corpus and Section 2255 Proceedings (a) Application for the Original Writ. An application for a writ of habeas corpus must be made to the appropriate district court. If made to a circuit judge, the application must be transferred to the appropriate district court.

If a district court denies an application made or transferred to it, renewal of the application before a circuit judge is not permitted. The applicant may, under 28 U.S.C. § 2253, appeal to the court of appeals from the district court's order denying the application. (b) Certificate of Appealability. (1) In a habeas corpus proceeding in which the detention complained of arises from process issued by a state court, or in a 28 U.S.C. § 2255 proceeding, the applicant cannot take an appeal unless a circuit justice or a circuit or district judge issues a certificate of appealability under 28 U.S.C. § 2253(c).

If an applicant files a notice of appeal, the district clerk must send to the court of appeals the certificate (if any) and the statement described in Rule 11(a) of the Rules Governing Proceedings Under 28 U.S.C. § 2254 or § 2255 (if any), along with the notice of appeal and the file of the district-court proceedings. If the district judge has denied the certificate, the applicant may request a circuit judge to issue it. (2) A request addressed to the court of appeals may be considered by a circuit judge or judges, as the court prescribes. If no express request for a certificate is filed, the notice of appeal constitutes a request addressed to the judges of the court of appeals.

(3) A certificate of appealability is not required when a state or its representative or the United States or its representative appeals.