Deshawn D Leslie v. Barack Obama et al
Filing
5
ORDER TO SHOW CAUSE by Magistrate Judge Oswald Parada. Response to Order to Show Cause due by 4/26/2013. Petitioner is ordered to show cause why the Petition should not be dismissed. If Petitioner seeks to challenge a state court conviction, he sha ll file a habeas corpus petition pursuant to 28 U.S.C. § 2254 no later than April 26, 2013. If Petitioner seek relief from conditions of confinement, he shall file a civil rights complaint pursuant to 42 U.S.C. § 1983 no later than April 2 6, 2013. Failure to comply with these requirements may result in the dismissal of this action for failure to prosecute and/or failure to comply with a court order. Failure to remedy the deficiencies discussed may also result in a recommendation tha t the action be dismissed. The Deputy Clerk of the Court is directed to send Petitioner a copy of the current Petition, together with blank copies of the forms required when filing a Petition for Writ of Habeas Corpus by a Person in State Custody Pur suant to 28 U.S.C. § 2254. The Deputy Clerk shall also send Petitioner blank copies of the forms required when filing a Civil Rights action by a person in custody, pursuant to 42 U.S.C. § 1983, as well as a request to proceed in forma pauperis for both types of actions. (Attachments: # 1 Exhibit Blank Forms For Filing Habeas Corpus under 2254, # 2 Exhibit Blank Civil Rights Forms) (jh)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
312 North Spring Street, Room 0-8
Los Angeles, CA 90012
Tel: (213) 894-7984
TERRY NAFISI
SOUTHERN DIVISION
411 West Fourth Street, Suite 1053
Santa Ana, CA 92701-4516
(714) 338-4750
Date:
EASTERN DIVISION
3470 Twelfth Street, Room 134
Riverside, CA 92501
(951) 328-4450
District Court Executive and
Clerk of Court
Dear Sir/Madam:
The following documents are enclosed:
1. Petition for Writ of Habeas Corpus by a Person in:
O Federal Custody (Form CV-27) (four. copies) along with one copy of Title 28 U.S. Code Sections 2241
and 2242
IY6 State Custody (Form CV-69) (four copies) along with one copy of Title 28 U.S. Code Sections 2244(d),
2254 and Rules Governing Section 2254 Cases; and Consent to Proceed Before a United States Magistrate
Judge (State Habeas Case) (Form CV-1 1B) (two copies) along with one copy of Title 28 U.S. Code
Section 636
2. Local Rules 72-3, and 83-16
The judges of this court have adopted for use the enclosed Petition for Writ ofHabeas Corpus form. You must read
the instructions carefully, and comply with its requirements and instructions. Once fully completed, return an original and
two copies to this office for filing. You should keep a copy for your records.
The filing fee for a Petition for Habeas Corpus is $5.00, payable to: Clerk, U.S. District Court. The Clerk’s Office
will also accept credit cards (Mastercard, Visa, Diners Club, Discover, American Express) for filing fees and miscellaneous
fees. Credit card payments may be made at all payment windows where receipts are issued.
If you are without funds, execute the Declaration to Proceed in Forma Pauperis
contained within the form. In
addition to the declaration, an authorized officer of the institution must complete the Certificate contained in the
Declaration to Proceed in Forma Pauperisas to how much money the institution has on deposit in your account.
CONSENT TO A MAGISTRATE JUDGE (STATE HABEAS CASES ONLY)
In order to encourage the just, speedy, and inexpensive determination of habeas cases filed in this district, the
parties may waive their right to proceed before a district judge and consent to magistratejudge jurisdiction. In accordance
with 28 U.S.C. § 636 ( c ),upon the consent of all the parties to suchjurisdiction, the magistrate judge assigned to this case
will conduct all proceedings, decide all dispositive and non-dispositive matters, and order the entry of the final judgment.
The party who does not prevail may appeal directly to the Ninth Circuit Court of Appeals in the same manner as an appeal
from the final judgment of a district judge.
The judges of this court encourage the parties to consent to magistrate judge jurisdiction as it may result in an
earlier resolution of the matter. However, you are free to withhold consent to magistrate judge jurisdiction. If you do not
consent, the assigned magistrate judge will continue to decide all non-dispositive matters, and will issue a Report and
Recommendation to the district judge as to all dispositive matters.
If you do consent to magistrate judge jurisdiction, you should execute and return the enclosed Consent to Proceed
Before a United States Magistrate Judge (State Habeas Case) form (CV- 11 B) with your petition.
Sincerely,
Clerk, U. S. District Court
By
Deputy Clerk
CV-76 (03/10)
LETTER ENCLOSING HABEAS CORPUS FORMS
NAME. ADDRESS & TELEPHONE NUMBER OF ATTORNEY(s) FOR, OR. PLAINTIFF OR
DEFENDANT IF PLAINTIFF OR DEFENDANT IS PRO PER
ATTORNEYS FOR:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER
Plaintiff(s),
V.
CONSENT TO PROCEED BEFORE A UNITED STATES
MAGISTRATE JUDGE (STATE HABEAS CASE)
Defendant(s)
NOTICE OF A MAGISTRATE JUDGE’S AVAILABILITY
A magistrate judge is available under 28 U.S.C. § 636 ( c) to conduct all proceedings in this case, including
dispositive matters, and entry of final judgment. However, a magistrate judge can be assigned to rule on
dispositive matters only if all parties voluntarily consent.
You are free to withhold consent to magistrate judge jurisdiction.
3.
4.
II
If both parties consent to have a magistrate judge decide the case, either party may appeal directly to the
Ninth Circuit Court of Appeals, as if a district judge had decided the matter.
If both parties do not consent to have a magistrate judge decide the case, the assigned magistrate judge will
continue to decide all non-dispositive matters, and will issue a Report and Recommendation to the district
judge as to all dispositive matters.
CONSENT TO MAGISTRATE JUDGE FOR ALL PURPOSES
I voluntarily consent to have a United States Magistrate Judge conduct all further proceedings in this case, decide
all dispositive and non-dispositive matters, and order the entry of final judgment.
Name of Counsel OR Party if Pro Per
Signature and date
Counsel for (Name Party)
III NOTICE TO COUNSEL FROM CLERK
All parties having consented to proceed before the assigned magistrate judge, please specify the case number as
on all documents subsequently filed in this case.
CV-! I (02/08)
CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE (STATE HABEAS CASE)
NAME, ADDRESS & TELEPHONE NUMBER OF ATTORNEY(S) FOR, OR, PLAINTIFF OR
DEFENDANT IF PLAINTIFF OR DEFENDANT IS PRO PER
ATTORNEYS FOR:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER
Plaintiff(s),
V.
CONSENT TO PROCEED BEFORE A UNITED STATES
MAGISTRATE JUDGE (STATE HABEAS CASE)
Defendant(s)
NOTICE OF A MAGISTRATE JUDGE’S AVAILABILITY
A magistrate judge is available under 28 U.S.C. § 636 ( c) to conduct all proceedings in this case, including
dispositive matters, and entry of final judgment. However, a magistrate judge can be assigned to rule on
dispositive matters only if all parties voluntarily consent.
2.
You are free to withhold consent to magistrate judge jurisdiction.
If both parties consent to have a magistrate judge decide the case, either party may appeal directly to the
Ninth Circuit Court of Appeals, as if a district judge had decided the matter.
4.
II
If both parties do not consent to have a magistrate judge decide the case, the assigned magistrate judge will
continue to decide all non-dispositive matters, and will issue a Report and Recommendation to the district
judge as to all dispositive matters.
CONSENT TO MAGISTRATE JUDGE FOR ALL PURPOSES
I voluntarily consent to have a United States Magistrate Judge conduct all further proceedings in this case, decide
all dispositive and non-dispositive matters, and order the entry of final judgment.
Name of Counsel OR Party if Pro Per
Signature and date
Counsel for (Name Party)
III NOTICE TO COUNSEL FROM CLERK
All parties having consented to proceed before the assigned magistrate judge, please specify the case number as
___ on all documents subsequently filed in this case.
CV-1 I (02/08)
CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE (STATE HABEAS CASE)
UNITED STATES CODE SECTIONS
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
TITLE 28 UNITED STATES CODE
§ 636. JURISDICTION, POWERS, AND TEMPORARY ASSIGNMENT
(a) Each United States magistrate judge serving under this chapter shall have within the district in
which sessions are held by the court that appointed the magistrate judge, at other places where that
court may function, and elsewhere as authorized by law-(1) all powers and duties conferred or imposed upon United States commissioners by law or by the
Rules of Criminal Procedure for the United States District Courts;
(2) the power to administer oaths and affirmations, issue orders pursuant to section 3142 of title 18
concerning release or detention ofpersons pending trial, and take acknowledgements, affidavits, and
depositions;
(3) the power to conduct trials under section 3401, title 18, United States Code, in conformity with
and subject to the limitations of that section;
(4) the power to enter a sentence for a petty offense; and
(5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented.
(b)(1) Notwithstanding any provision of law to the contrary-(A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending
before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary
judgment, to dismiss or quash an indictment or information made by the defendant, to suppress
evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for
failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A
judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been
shown that the magistrate judge’s order is clearly erroneous or contrary to law.
(B) a judge may also designate a magistrate judge to conduct hearings, including evidentiary
hearings, and to submit to a judge of the court proposed findings of fact and recommendations for
the disposition, by ajudge of the court, of any motion excepted in subparagraph (A), of applications
for posttrial [FN 1] relief made by individuals convicted of criminal offenses and of prisoner
petitions challenging conditions of confinement.
(C) the magistrate judge shall file his proposed findings and recommendations under subparagraph
(B) with the court and a copy shall forthwith be mailed to all parties.
Within ten days after being served with a copy, any party may serve and file written objections to
such proposed findings and recommendations as provided by rules of court. A judge of the court
TITLE 28 § 636, § 2244(d) & 2254
RULES GOVERNING SECTION 2254 CASES
UNITED STATES CODE SECTIONS
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shall make a de novo determination of those portions of the report or specified proposed findings
or recommendations to which objection is made. Ajudge of the court may accept, reject, or modify,
in whole or in part, the findings or recommendations made by the magistrate judge. The judge may
also receive further evidence or recommit the matter to the magistrate judge with instructions.
(2) A judge may designate a magistrate judge to serve as a special master pursuant to the applicable
provisions of this title and the Federal Rules of Civil Procedure for the United States district courts.
A judge may designate a magistrate judge to serve as a special master in any civil case, upon consent
of the parties, without regard to the provisions of rule 53(b) of the Federal Rules of Civil Procedure
for the United States district courts.
(3) A magistrate judge may be assigned such additional duties as are not inconsistent with the
Constitution and laws of the United States.
(4) Each district court shall establish rules pursuant to which the magistrate judges shall discharge
their duties.
(c) Notwithstanding any provision of law to the contrary-(1) Upon the consent of the parties, a full-time United States magistrate judge or a part-time United
States magistrate judge who serves as a full-timejudicial officer may conduct any or all proceedings
in a jury or nonjury civil matter and order the entry of judgment in the case, when specially
designated to exercise such jurisdiction by the district court or courts he serves. Upon the consent
of the parties, pursuant to their specific written request, any other part-time magistrate judge may
exercise such jurisdiction, if such magistrate judge meets the bar membership requirements set forth
in section 631 (b)( 1) and the chiefjudge of the district court certifies that a full-time magistrate judge
is not reasonably available in accordance with guidelines established by the judicial council of the
circuit. When there is more than one judge of a district court, designation under this paragraph shall
be by the concurrence of a majority of all the judges of such district court, and when there is no such
concurrence, then by the chief judge.
(2) If a magistrate judge is designated to exercise civil jurisdiction under paragraph (1) of this
subsection, the clerk of court shall, at the time the action is filed, notify the parties of the availability
of a magistrate judge to exercise such jurisdiction. The decision of the parties shall be
communicated to the clerk of court. Thereafter, either the district courtjudge or the magistrate judge
may again advise the parties of the availability of the magistrate judge, but in so doing, shall also
advise the parties that they are free to withhold consent without adverse substantive consequences.
Rules of court for the reference of civil matters to magistrate judges shall include procedures to
protect the voluntariness of the parties’ consent.
(3) Upon entry of judgment in any case referred under paragraph (I) of this subsection, an aggrieved
party may appeal directly to the appropriate United States court of appeals from the judgment of the
magistrate judge in the same manner as an appeal from any other judgment of a district court. The
consent of the parties allows a magistrate judge designated to exercise civil jurisdiction under
paragraph (1) of this subsection to direct the entry of a judgment of the district court in accordance
with the Federal Rules of Civil Procedure. Nothing in this paragraph shall be construed as a
TITLE 28 § 636, § 2244(d) & 2254
RULES GOVERNING SECTION 2254 CASES
UNITED STATES CODE SECTIONS
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
limitation of any party’s right to seek review by the Supreme Court of the United States.
(4) The court may, for good cause shown on its own motion, or under extraordinary circumstances
shown by any party, vacate a reference of a civil matter to a magistrate judge under this subsection.
(5) The magistrate judge shall, subject to guidelines of the Judicial Conference, determine whether
the record taken pursuant to this section shall be taken by electronic sound recording, by a court
reporter, or by other means.
(d) The practice and procedure for the trial of cases before officers serving under this chapter shall
conform to rules promulgated by the Supreme Court pursuant to section 2072 of this title.
(e) Contempt authority.-(1) In general.--A United States magistrate judge serving under this chapter shall have within the
territorial jurisdiction prescribed by the appointment of such magistrate judge the power to exercise
contempt authority as set forth in this subsection.
(2) Summary criminal contempt authority.--A magistrate judge shall have the power to punish
summarily by fine or imprisonment, or both, such contempt of the authority of such magistrate judge
constituting misbehavior of any person in the magistrate judge’s presence so as to obstruct the
administration ofjustice. The order of contempt shall be issued under the Federal Rules of Criminal
Procedure.
(3) Additional criminal contempt authority in civil consent and misdemeanor cases.--In any
case in which a United States magistrate judge presides with the consent of the parties under
subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge
under section 3401 of title 18, the magistrate judge shall have the power to punish, by fine or
imprisonment, or both, criminal contempt constituting disobedience or resistance to the magistrate
judge’s lawful writ, process, order, rule, decree, or command. Disposition of such contempt shall be
conducted upon notice and hearing under the Federal Rules of Criminal Procedure.
(4) Civil contempt authority in civil consent and misdemeanor cases.--In any case in which a
United States magistrate judge presides with the consent of the parties under subsection (c) of this
section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of
title 18, the magistrate judge may exercise the civil contempt authority of the district court. This
paragraph shall not be construed to limit the authority of a magistrate judge to order sanctions under
any other statute, the Federal Rules of Civil Procedure, or the Federal Rules of Criminal Procedure.
(5) Criminal contempt penalties.--The sentence imposed by a magistrate judge for any criminal
contempt provided for in paragraphs (2) and (3) shall not exceed the penalties for a Class C
misdemeanor as set forth in sections 3581(b)(8) and 3571(b)(6) of title 18.
(6) Certification of other contempts to the district court.--Upon the commission of any such act
TITLE 28 § 636, § 2244(d) & 2254
RULES GOVERNING SECTION 2254 CASES
UNITED STATES CODE SECTIONS
PAGE 3 of 12
UNITED STATES CODE SECTIONS
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
(A) in any case in which a United States magistrate judge presides with the consent of the parties
under subsection (c) of this section, or in any misdemeanor case proceeding before a magistrate
judge under section 3401 of title 18, that may, in the opinion of the magistrate judge, constitute a
serious criminal contempt punishable by penalties exceeding those set forth in paragraph (5) of this
subsection, or
(B) in any other case or proceeding under subsection (a) or (b) of this section, or any other statute,
where- (i) the act committed in the magistrate judge’s presence may, in the opinion of the magistrate judge,
constitute a serious criminal contempt punishable by penalties exceeding those set forth in paragraph
(5) of this subsection,
(ii) the act that constitutes a criminal contempt occurs outside the presence of the magistrate judge,
or
(iii) the act constitutes a civil contempt,
the magistrate judge shall forthwith certify the facts to a district judge and may serve or cause to be
served, upon any person whose behavior is brought into question under this paragraph, an order
requiring such person to appear before a district judge upon a day certain to show cause why that
person should not be adjudged in contempt by reason of the facts so certified. The districtjudge shall
thereupon hear the evidence as to the act or conduct complained of and, if it is such as to warrant
punishment, punish such person in the same manner and to the same extent as for a contempt
committed before a district judge.
(7) Appeals of magistrate judge contempt orders.--The appeal of an order of contempt under this
subsection shall be made to the court of appeals in cases proceeding under subsection (c) of this
section. The appeal of any other order of contempt issued under this section shall be made to the
district court.
(f) In an emergency and upon the concurrence of the chief judges of the districts involved, a United
States magistrate judge may be temporarily assigned to perform any of the duties specified in
subsection (a), (b), or (c) of this section in a judicial district other than the judicial district for which
he has been appointed. No magistrate judge shall perform any of such duties in a district to which
he has been temporarily assigned until an order has been issued by the chief judge of such district
specifying
(1) the emergency by reason of which he has been transferred,
(2) the duration of his assignment, and
(3) the duties which he is authorized to perform. A magistrate judge so assigned shall not be entitled
to additional compensation but shall be reimbursed for actual and necessary expenses incurred in
the performance of his duties in accordance with section 635.
(g) A United States magistrate judge may perform the verification function required by section 4107
of title 18, United States Code. A magistrate judge may be assigned by a judge of any United States
TITLE 28 § 636, § 2244(d) & 2254
RULES GOVERNING SECTION 2254 CASES
UNITED STATES CODE SECTIONS
PAGE 4 of 12
UNITED STATES CODE SECTIONS
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
district court to perfonn the verification required by section 4108 and the appointment of counsel
authorized by section 4109 of title 18, United States Code, and may perform such functions beyond
the territorial limits of the United States. A magistrate judge assigned such functions shall have no
authority to perform any other function within the territory of a foreign country.
(h) A United States magistrate judge who has retired may, upon the consent of the chief judge of
the district involved, be recalled to serve as a magistrate judge in any judicial district by the judicial
council of the circuit within which such district is located. Upon recall, a magistrate judge may
receive a salary for such service in accordance with regulations promulgated by the Judicial
Conference, subject to the restrictions on the payment of an annuity set forth in section 377 of this
title or in subchapter III of chapter 83, and chapter 84, of title 5 which are applicable to such
magistrate judge. The requirements, set forth in subsections (a), (b)(3), and (d) of section 631, and
paragraph (I) of subsection (b) of such section to the extent such paragraph requires membership
of the bar of the location in which an individual is to serve as a magistrate judge, shall not apply to
the recall of a retired magistrate judge under this subsection or section 375 of this title. Any other
requirement set forth in section 631(b) shall apply to the recall of a retired magistrate judge under
this subsection or section 375 of this title unless such retired magistrate judge met such requirement
upon appointment or reappointment as a magistrate judge under section 361.
TITLE 28 § 636, § 2244(d) & 2254
RULES GOVERNING SECTION 2254 CASES
UNITED STATES CODE SECTIONS
PAGE 5 of 12
UNITED STATES CODE SECTIONS
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
§ 2244. FINALITY OF DETERMINATION
(d)(l) A 1-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, 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.
TITLE 28 § 636, § 2244(d) & 2254
RULES GOVERNING SECTION 2254 CASES
UNITED STATES CODE SECTIONS
PAGE 6 of 12
UNITED STATES CODE SECTIONS
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
§ 2254. STATE CUSTODY; REMEDIES IN FEDERAL COURTS
(a) The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain
an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment
of a State court only on the ground that he is in custody in violation of the Constitution or laws or
treaties of the United States.
(b)(l) An application for a writ of habeas corpus on behalf of a person in custody pursuant
to the judgment of a State court shall not be granted unless it appears that-(A) the applicant has exhausted the remedies available in the courts of the
State; or
(B)(i) there is an absence of available State corrective process; or
(ii) circumstances exist that render such process ineffective to protect the rights of
the applicant.
(2) An application for a writ of habeas corpus may be denied on the merits, notwithstanding
the failure of the applicant to exhaust the remedies available in the courts of the State.
(3) A State shall not be deemed to have waived the exhaustion requirement or be estopped
from reliance upon the requirement unless the State, through counsel, expressly waives the
requirement.
(c) An applicant shall not be deemed to have exhausted the remedies available in the courts
of the State, within the meaning of this section, if he has the right under the law of the State to raise,
by any available procedure, the question presented.
(d) An application for a writ of habeas corpus on behalf of a person in custody pursuant to
the judgment of a State court shall not be granted with respect to any claim that was adjudicated on
the merits in State court proceedings unless the adjudication of the claim-(1) resulted in a decision that was contrary to, or involved an unreasonable
application of, clearly established Federal law, as determined by the Supreme Court of the United
States; or
(2) resulted in a decision that was based on an unreasonable determination of the facts
in light of the evidence presented in the State court proceeding.
(e)( 1) In a proceeding instituted by an application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court, a determination of a factual issue made by a State
court shall be presumed to be correct. The applicant shall have the burden of rebutting the
presumption of correctness by clear and convincing evidence.
(2) If the applicant has failed to develop the factual basis of a claim in State court
TITLE 28 § 636, § 2244(d) & 2254
RULES GOVERNING SECTION 2254 CASES
UNITED STATES CODE SECTIONS
PAGE 7 of 12
UNITED STATES CODE SECTIONS
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
proceedings, the court shall not hold an evidentiary hearing on the claim unless the applicant shows
that- (A) the claim relies on-(i) a new rule of constitutional law, made retroactive to cases on collateral
review by the Supreme Court, that was previously unavailable; or
(ii) a factual predicate that could not have been previously discovered through
the exercise of due diligence; and
(B) the facts underlying the claim would be sufficient to establish by clear and
convincing evidence that but for constitutional error, no reasonable factfinder would have found the
applicant guilty of the underlying offense.
(f) If the applicant challenges the sufficiency of the evidence adduced in such State court
proceeding to support the State court’s determination of a factual issue made therein, the applicant,
if able, shall produce that part of the record pertinent to a determination of the sufficiency of the
evidence to support such determination. If the applicant, because of indigency or other reason is
unable to produce such part of the record, then the State shall produce such part of the record and
the Federal court shall direct the State to do so by order directed to an appropriate State official. If
the State cannot provide such pertinent part of the record, then the court shall determine under the
existing facts and circumstances what weight shall be given to the State court’s factual
determination.
(g) A copy of the official records of the State court, duly certified by the clerk of such court
to be a true and correct copy of a finding, judicial opinion, or other reliable written indicia showing
such a factual determination by the State court shall be admissible in the Federal court proceeding.
(h) Except as provided in section 408 of the Controlled Substances Act, in all proceedings
brought under this section, and any subsequent proceedings on review, the court may appoint
counsel for an applicant who is or becomes financially unable to afford counsel, except as provided
by a rule promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel
under this section shall be governed by section 3006A of title 18.
(i) The ineffectiveness or incompetence of counsel during Federal or State collateral
post-conviction proceedings shall not be a ground for relief in a proceeding arising under section
2254.
TITLE 28 § 636, § 2244(d) & 2254
RULES GOVERNING SECTION 2254 CASES
UNITED STATES CODE SECTIONS
PAGE 8 of 12
UNITED STATES CODE SECTIONS
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
RULES GOVERNING SECTION 2254 CASES IN THE UNITED STATES DISTRICT
COURTS
Rule 1. Scope
(a) Cases Involving a Petition under 28 U.S. C. § 2254. These rules govern a petition
for a writ of habeas corpus filed in a United States district court under 28 U.S.0 § 2254 by:
(1) by a person in custody under a state-court judgment who seeks a
determination that the custody violates the Constitution, laws, or treaties of the United States;
and
(2) a person in custody under a state-court or federal-court judgment who seeks a
determination that future custody under a state-court judgment would violate the Constitution,
laws, or treaties of the United States.
(b)
Oilier Cases. The district court may apply any or all of these rules to a habeas
corpus petition not covered by Rule 1(a).
Rule 2. The Petition
(a) Current Custody; Naming the Respondent. If the petitioner is currently in custody
under a state-court judgment, the petition must name as respondent the state officer who has
custody.
(b) Future Custody; Naming the Respondents and Speczing the Judgment.. If the
petitioner is not yet in custody - but may be subject to future custody - under the state-court
judgment being contested, the petition must name as respondents both the officer who has
current custody and the attorney general of the state where the judgment was entered. The
petition must ask for relief from the state-court judgment being contested.
(c) For,,,. The petition must:
(1) specify all the grounds for relief available to the petitioner;
(2) state the facts supporting each ground;
(3) state the relief requested;
(4) be printed, typewritten, or legibly handwritten; and,
(5) be signed under penalty of perjury by the petitioner or by a person authorized
to sign it for the petitioner under 28 U.S.C. § 2242.
(d) Standard Form. The petition must substantially follow either the form appended to
these rules or a form prescribed by a local district-court rule. The clerk must make forms
available to petitioners without charge.
(e)
Separate Petitions for Judgments of Separate courts. A petitioner who seeks
relief from judgments of more than one state court must file a separate petition covering the
judgment or judgments of each court.
Rule 3. Filing the Petition; Inmate Filing
(a)
Where to File: Copies; Filing Fee.. An original and two copies of the petition
must be filed with the clerk and must be accompanied by:
(I) the applicable filing fee, or
(2) a motion for leave to proceed in fonna pauperis, the affidavit required by 28
U.S.C. § 1915, and a certificate from the warden or other appropriate officer of the place of
confinement showing the amount of money or securities that the petitioner has in any account in
the institution.
TITLE 28 § 636, § 2244(d) & 2254
RULES GOVERNING SECTION 2254 CASES
UNITED STATES CODE SECTION’S
PAGE 9 of 12
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UNITED STATES DISTRICT COURT
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(b) Filing. The clerk must file the petition and enter it on the docket.
(c) Time to File. The time for filing a petition is governed by 28 U.S.C. § 2244(d).
(d) Inmate Filing. A paper filed by an inmate confined in an institution is timely if
deposited in the institution’s internal mailing system on or before the last day of filing. If an
institution has a system designed for legal mail, the inmate must use that system to receive the
benefit of this rule. Timely filing may be shown by a declaration in compliance with 28 U.S.C. §
1746 or by a notarized statement, either of which must set forth the date of deposit and state that
first-class postage has been prepaid.
Rule 4. Preliminary Review; Serving the Petition and Order
The clerk must promptly forward the petition to a judge under the court’s assignment
procedure, and the judge must promptly examine it. If it plainly appears from the petition and
any attached exhibits that the petitioner is not entitled to relief in the district court, the judge
must dismiss the petition and direct the clerk to notify the petitioner. If the petition is not
dismissed, the judge must order the respondent to file an answer, motion, or other response
within a fixed time, or to take other action the judge may order. In every case, the clerk must
serve a copy of the petition and any order on the respondent and on the attorney general or other
appropriate officer of the state involved.
Rule S. The Answer and the Reply
(a) When Required. The respondent is not required to answer the petition unless a judge
so orders.
(b) Contents: Addressing the Allegations; Stating a Bar. The answer must address the
allegations in the petition. In addition, it must state whether any claim in the petition is barred
by a failure to exhaust state remedies, a procedural bar, non-retroactivity, or a statute of
limitations.
(c) Contents: Transcripts. The answer must also indicate what transcripts (of pretrial,
trial, sentencing , or post-conviction proceedings) are available, when they can be furnished, and
what proceedings have been recorded but not transcribed. The respondent must attach to the
answer parts of the transcript that the respondent considers relevant. The judge may order that
the respondent furnish other parts of existing transcripts or that parts of untranscribed recordings
be transcribed and furnished. If a transcript cannot be obtained, the respondent may submit a
narrative summary of the evidence.
(d) Contents: Briefs on Appeal and Opinions. The respondent must also file with the
answer a copy of:
(1) any brief that the petitioner submitted in an appellate court contesting the
conviction or sentence, or contesting an adverse judgment or order in a post-conviction
proceeding;
(2) any brief that the prosecution submitted in an appellate court relating to the
conviction or sentence; and
(3) the opinions and dispositive orders of the appellate court relating to the
conviction or the sentence.
(e) Reply. The petitioner may submit a reply to the respondent’s answer or other
pleading within a time fixed by the judge.
Rule 6. Discovery
(a)
Leave of Court Required. A judge may, for good cause, authorize a party to
TITLE 28 § 636, § 2244(d) & 2254
RULES GOVERNING SECTION 2254 CASES
UNITED STATES CODE SECTIONS
PAGE 10 of 12
UNITED STATES CODE SECTIONS
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
conduct discovery under the Federal Rules of Civil Procedure and may limit the extent of
discovery. If necessary for effective discovery, the judge must appoint an attorney for a
petitioner who qualifies to have counsel appointed under 18 U.S.C. § 3006A.
Requesting Discovery. A party requesting discovery must provide reasons for the
(b)
request. The request must also include any proposed interrogatories and requests for admission,
and must specify any requested documents.
Deposition Expenses. If the respondent is granted leave to take the deposition,
(c)
the judge may require the respondent to pay the travel expenses, subsistence expenses, and fees
of the petitioner’s attorney to attend the deposition.
Rule 7. Expansion of Record
In General.. If the petition is not dismissed, the judge may direct the parties to
(a)
expand the record by submitting additional materials relating to the petition. The judge may
require that these materials be authenticated.
Types of Materials. The materials that may be required include letters predating
(b)
the filing of the petition, documents, exhibits, and answers under oath to written interrogatories
propounded by the judge. Affidavits may also be submitted and considered as part of the record.
(c) Review by the Opposing Party. The judge must give the party against whom the
additional materials are offered an opportunity to admit or deny their correctness.
Rule 8. Evidentiary Hearing
(a) Determining Whether to Hold a Hearing. If the petition is not dismissed, the judge
must review the answer, any transcripts and records of state-court proceedings, and any materials
submitted under Rule 7 to determine whether an evidentiary hearing is warranted.
Reference to a Magistrate Judge.
(b)
A judge may, under 28 U.S.C. § 636(b), refer
the petition to a magistrate judge to conduct hearings and to file proposed findings of fact and
recommendations for disposition. When they are filed, the clerk must promptly serve copies of
the proposed findings and recommendations on all parties. Within 14 days after being served, a
party may file objections as provided by local court rule. The judge must determine de novo any
proposed finding or recommendation to which objection is made. The judge may accept, reject,
or modify any proposed finding or recommendation.
Appointing C’ounsel, Time of Hearing. If an evidentiary hearing is warranted,
(c)
the judge must appoint an attorney to represent a petitioner who qualifies to have counsel
appointed under 18 U.S.C. § 3006A. The judge must conduct the hearing as soon as practicable
after giving the attorneys adequate time to investigate and prepare. These rules do not limit the
appointment of counsel under § 3006A at any stage of the proceeding.
Rule 9. Second or Successive Petitions
Before presenting a second or successive petition, the petitioner must obtain an order from the
appropriate court of appeals authorizing the district court to consider the petition as required by
28 U.S.C. § 2244(b)(3) and (4).
Rule 10. Powers of a Magistrate Judge
A magistrate judge may perform the duties of a district judge under these rules, as
authorized under 28 U.S.C. § 636.
TITLE 28 § 636, § 2244(d) & 2254
RULES GOVERNING SECTION 2254 CASES
UNITED STATES CODE SECTIONS
PAGE 11 of 12
UNITED STATES CODE SECTIONS
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Rule 11. Certificate of Appealability; Time to Appeal
(a)
Certificate of Appealability. The district court must issue or deny a certificate of
appealability when it enters a final order adverse to the applicant. Before entering the final
order, the court may direct the parties to submit arguments on whether a certificate should issue.
If the court issues a certificate, the court must state the specific issue or issues that satisfy the
showing required by 28 U.S.C. § 2253(c)(2). If the court denies a certificate, the parties may not
appeal the denial but may seek a certificate from the court of appeals under Federal Rule of
Appellate Procedure 22. A motion to reconsider a denial does not extend the time to appeal.
(b)
Time to Appeal. Federal Rule of Appellate Procedure 4(a) governs the time to
appeal an order entered under these rules. A timely notice of appeal must be filed even if the
district court issues a certificate of appealability.
Rule 12. Applicability of the Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure, to the extent that they are not inconsistent with any
statutory provisions or these rules, may be applied to a proceeding under these rules.
TITLE 28 § 636, § 2244(d) & 2254
RULES GOVERNING SECTION 2254 CASES
UNITED STATES CODE SECTIONS
PAGE 12 of 12
LOCAL RULES
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
LOCAL RULE 83-16 HABEAS CORPUS PETITIONS AND MOTIONS UNDER 28 U.S.C.
SECTION 2255
83-16.1 COURT FORMS - A petition for a writ of habeas corpus or a motion filed
pursuant to 28 U.S.C. Section 2255 shall be submitted on the forms approved and supplied by the
Court.
83-16.2 VERIFICATION - OTHER THAN PERSON IN CUSTODY - If the petition or
motion is verified by a person other than the individual in custody, the person verifying the document
shall set forth the reason why it has not been verified by the person in custody. The person verifying
the document shall allege only facts personally known to that person. If facts are alleged upon
information and belief, the source of the information and belief shall be stated.
83-16.3 HABEAS CORPUS - EXCLUSION, DEPORTATION AND REMOVAL
CASES - A next friend petition for a writ of habeas corpus in exclusion, deportation and removal
cases must allege that the petitioner has been authorized by the applicant for admission or respondent
in the proceedings to file the petition. If the petition is filed by a relative who is the father, mother,
husband, wife, brother, sister, uncle or aunt of the applicant for admission in the proceedings, that
fact shall be alleged and authorization to file the petition need not be shown.
LR 83-16 Revision 11/2006
LOCAL CWIL RULE 83-16
LOCAL RULES
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
LOCAL RULE 72-3 DISPOSITIVE MOTIONS AND PRISONER PETITIONS
72-3.1 DUTIES OF MAGISTRATE JUDGE - Upon the assignment of a case
covered by F.R.Civ.P. 72, the Magistrate Judge shall conduct all necessary proceedings. Pursuant
to Rule 10 of the Rules Governing Section 2254 Cases in the United States District Courts, the duties
imposed upon a Judge of the District Court may be performed by a full-time Magistrate Judge
(except in death penalty cases).
72-3.2 SUMMARY DISMISSAL OF HABEAS CORPUS PETITION - The
Magistrate Judge promptly shall examine a petition for writ of habeas corpus, and. if it plainly
appears from the face of the petition and any exhibits annexed to it that the petitioner is not
entitled to relief, the Magistrate Judge may prepare a proposed order for summary dismissal and
submit it and a proposed judgment to the District Judge.
72-3.3 REPORT BY MAGISTRATE JUDGE - In habeas cases that are not
summarily dismissed, and in all other matters covered by F.R.Civ.P. 72(b) that the Magistrate
Judge determines can be resolved without trial, the Magistrate Judge shall file a report which
may contain proposed findings of fact, conclusions of law and recommendations for disposition.
If the Magistrate Judge concludes that a trial by a District Judge is required, the Magistrate Judge
shall so report to the District Judge.
72-3.4 OBJECTIONS TO REPORT WHERE PARTY IN CUSTODY - If a party
is in custody at the time of the filing of the Magistrate Judge’s report, the time for filing
objections allowed under F.R.Civ.P. 72(b) shall be twenty (20) days or such further time as the
Magistrate Judge may order.
72-3.5 DETERMINATION OF OBJECTIONS BY DISTRICT JUDGE - If no
objections are filed within the time allowed, the Magistrate Judge shall submit the matter to the
District Judge on the basis of the original report. If objections are timely filed, the Magistrate
Judge may issue a revised or supplemental report or submit the matter to the District Judge on
the basis of the original report.
72-3.6 FILING OF TRANSCRIPT - If an evidentiary hearing was conducted by
the Magistrate Judge, the party objecting shall obtain and file a certified transcript of the hearing
or pertinent part thereof. Upon application, the Magistrate Judge may extend the time to file the
transcript.
LR 72-3 Revision 12101t2003
LOCAL CIVIL RULE 72-3
NAME
PRISON IDENTIFICATION/BOOKING NO.
ADDRESS OR PLACE OF CONFINEMENT
Note:
It is your responsibility to notify the Clerk of Court in wsiting of any
change of address. If represented by an attorney, provide his name,
address, telephone and facsimile numbers, and e-mail address.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:
CV
To be supplied by the Clerk of the United States District Court
FULL NAME (Include name under which you were convicted)
Petitioner,
a
V.
PETITION FOR WRIT OF HABEAS CORPUS
BY A PERSON IN STATE CUSTODY
28 U.S.C. § 2254
NAME OF WARDEN, SUPERINTENDENT. JAILOR OR AUTHORIZED
PERSON HAVING CUSTODY OF PETITIONER
Respondent.
AMENDED
PLACE/COUNTY OF CONVICTION___________________
PREVIOUSLY FILED, RELATED CASES IN THIS DISTRICT COURT
List by case number)
CV
WA
INSTRUCTIONS - PLEASE READ CAREFULLY
1. To use this form, you must be a person who either is currently serving a sentence under a judgment against you in a California
state court, or will be serving a sentence in the future under a judgment against you in a California state court. You are asking for relief
from the Conviction and/or the sentence. This form is your petition for relief.
2. In this petition, you may challenge the judgment entered by only one California state court. If you want to challenge the judgment
entered by a different California state court, you must file a separate petition.
3. Make sure the form is typed or neatly handwritten. You must tell the truth and sign the form. If you make a false statement of
a material fact, you may be prosecuted for peijuiy.
4. Answer all the questions. You do not need to cite case law, but you do need to state the federal legal theory and operative facts
in support of each ground. You may submit additional pages if necessary. If you do not fill out the form properly, you will he asked to
submit additional or correct information. If you want to submit a legal brief or arguments, you may attach a separate memorandum.
5. You must include in this petition all the grounds for relief from the conviction and/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 petition, you may be barred from presenting additional
grounds at a later date.
5. You must pay a fee of $5.00. If the fee is paid, your petition will be filed. If you cannot afford the fee, you may ask to proceed
inforniapauperis (as a poor person). To do that, you must fill out and sign the declaration of the last two pages of the form. Also, you
must have an authorized officer at the penal institution complete the certificate as to the amount of money and securities on deposit to your
credit in any account at the institution. If your prison account exceeds $25.00, you must pay the filing fee.
6. When you have completed the form, send the original and two copies to the following address:
Clerk of the United States District Court for the Central District of California
United States Courthouse
ATTN: Intake/Docket Section
312 North Spring Street
Los Angeles, California 90012
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 1 of 10
PLEASE COMPLETE THE FOLLOWING: (Check appropriate number)
This petition concerns:
1. 0 a conviction and/or sentence.
2. 0 prison discipline.
3. 0 a parole problem.
4. 0 other.
PETITION
Venue
a. Place of detention
b. Place of conviction and sentence
2. Conviction on which the petition is based
a. Nature of offenses involved
a separate petition must be filedfor each conviction being attacked).
(include all counts):
b. Penal or other code section or sections:
c. Case number:
d. Date of conviction:
e. Date of sentence:
f.
Length of sentence on each count:
g. Plea
check one
O Not guilty
O Guilty
El Nolocontendere
h. Kind of trial
(check one):
o Jury
El Judge only
3. Did you appeal to the California Court of Appeal from the judgment of conviction?
If so, give the following information for your appeal
0 Yes LI No
(and attach a copy of the Court of Appeal decision favailable:
a. Case number:
b. Grounds raised
(list each):
(1)
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0
CV-69 (04/05)
§ 2254)
Page 2 of 10
(2)
(3)
(4)
(5)
(6)
c. Date of decision:
d. Result
4. If you did appeal, did you also file a Petition for Review with the California Supreme Court of the Court of Appeal
decision? LI Yes L] No
If so give the following information
(and attach copies qf the Petition for Review and the Supreme Court ruling
if available):
a. Case number:
b. Grounds raised
(list each)
(1)
(2)
(3)
(4)
(5)
(6)
c. Date of decision:
d. Result
5. If you did not appeal:
a. State your reasons
b. Did you seek permission to file a late appeal?
0 Yes 0 No
6. Have you previously filed any habeas petitions in any state court with respect to this judgment of conviction?
DYes El No
If so, give the following information for each such petition
(use additional pages ifnecessaty, and attach copies ofthe petitions and the
rulings on the petitions ifavailablg):
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 3 of 10
a. (1) Name of court:
(2) Case number:
(3) Date filed
if mailed, the date the petition was turned over to the prison authorities for mailing):
(or
(4) Grounds raised
’iist each):
(a)
(b)
(c)
(d)
(e)
(f)
(5) Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
0 Yes
0 No
b. (1) Name of court:
(2) Case number:
(3) Date filed
(or
if mailed, the date the petition was turned over to the prison authorities for mailing):
(4) Grounds raised
(list each):
(a)
(b)
(c)
(d)
(e)
(f)
(5) Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
C
LI Yes LI No
Name of court:
(2) Case number:
(3) Date filed
(or if mailed, the dale the petition was turned over to the prison authorities for mailing)
(4) Grounds raised
(list each):
(a)
(b)
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0
CV-69 (04/05)
§ 2254)
Page 4 of 10
(c)
(d)
(e)
(f)
(5) Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
El Yes El No
7. For this petition, 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 five grounds. Summarize
briefly the facts supporting each ground. For example, if you are claiming ineffective assistance of counsel, you
must state facts specifically setting forth what your attorney did or failed to do.
CAUTION:
Exhaustion Requirement: In order to proceed in federal court, you must ordinarily first exhaust
your state court remedies with respect to each ground on which you are requesting relief from the
federal court. This means that, prior to seeking relief from the federal court, you first must
present all of your grounds to the California Supreme Court.
a. Ground one:
(1) Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
DYes
El No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
DYes
DNo
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
El Yes
11 No
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
El Yes
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
El Yes
I
I
b. Ground two:
(1) Supporting FACTS:
I
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 5 of 10
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
El Yes
El No
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
El Yes
El No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
El Yes
El No
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
El Yes
El No
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
El Yes
El No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
El Yes
El No
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
El Yes
El No
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
El Yes
El No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
El Yes
El No
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
El Yes
El No
c. Ground three:
(1) Supporting FACTS:
d. Ground four:
(1) Supporting FACTS:
e. Ground five
(1) Supporting FACTS:
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 6 of 10
8. If any of the grounds listed in paragraph 7 were not previously presented to the California Supreme Court, state
briefly which grounds were not presented, and give your reasons:
9. Have you previously filed any habeas petitions in any federal court with respect to this judgment of conviction?
DYes EINo
If so, give the following information for each such petition
(use additional pages ifnecessmy, and attach copies of/he petitions and
the rulings on the petitions tfavallable,):
a. (1) Name of court:
(2) Case number:
(3) Date filed
(or if mailed, the date the petition was tinned over to the prison au/ho ri/ies for inailing:
(4) Grounds raised
(’list eacli)
(a)
(b)
(c)
(d)
(e)
(f)
(5) Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
El Yes Eli No
b. (1) Name of court:
(2) Case number:
(3) Date filed
(or If mailed, the dote the petition was turned over to the prison authorities for mailing):
(4) Grounds raised
(list each):
(a)
(b)
(c)
(d)’
(e)
(1)
(5) Date of decision:
(6) Result
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 7 of 10
(7) Was an evidentiary hearing held?
U Yes U No
10. Do you have any petitions now pending (i.e., filed but not yet decided) in any state or federal court with respect
to this judgment of conviction?
U Yes
If so, give the following information
U No
(and attach a copy of the petition if available):
(1) Name of court:
(2) Case number:
(3) Date filed
(or if mailed, the data the petition was turned over to the prison authorities for mailing):
(4) Grounds raised
(list each):
(a)
(b)
(c)
(d)
(e)
(f)
11. Are you presently represented by counsel?
U Yes U No
If so, provide name, address and telephone number:
WHEREFORE, petitioner prays that the Court grant petitioner relief to which he may be entitled in this proceeding,
Signature ofAttorney f any)
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.
Executed on
Date
Signature oJ’Petitioner
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page of 10
DECLARATION IN SUPPORT
OF REQUEST
TO PROCEED
IN FORMA PAUPERIS
Petitioner
Respondent(s)
declare that I am the petitioner in the above entitled case;
that in support of my motion to proceed without being required to prepay fees, costs or give security therefor, I state that
because of my poverty I am unable to pay the costs of said proceeding or to give security therefor; that I believe I am
entitled to relief.
1. Are you presently employed? 0 Yes 0 No
a. If the answer is yes, state the amount of your salary or wages per month, and give the name and address of your
employer.
b. If the answer is no, state the date of last employment and the amount of the salary and wages per month which
you received.
2. Have you received, within the past twelve months, any money from any of the following sources?
a. Business, profession or form of self-employment? LII Yes 0 No
b. Rent payments, interest or dividends?
0 Yes El No
c. Pensions, annuities or life insurance payments?
0 Yes 0 No
d. Gifts or inheritances?
0 Yes 0 No
e. Any other sources?
0 Yes 0 No
If the answer to any of the above is yes, describe each source of money and state the amount received from each
during the past twelve months:
- --
3. Do you own any cash, or do you have money in a checking or savings account?
(Include any funds in prison accounts)
1-1 Yes 0 N
If the answer is yes, state the total value of the items owned:
PETITION FOR \%PJT OF HABEAS
CV-69 (04105)
cous BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
Page 9 of 10
4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property?
household furnishings and clothing)
(Excluding ordinary
0 Yes 0 No
If the answer is yes, describe the property and state its approximate value:
5. List the persons who are dependent upon you for support, state your relationship to those persons, and indicate how
much you contribute toward their support:
I, declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct.
Executed on
Date
Signature ofPetitioner
CERTIFICATE
I hereby certify that the Petitioner herein has the sum of $_______________________________ on account to his credit
at the institution where he is
confined. I further certify that Petitioner likewise has the following securities to his credit according to the records of said
institution:
Date
Authorized Officer of Institution/Title of Officer
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 10 of 10
NAME
PRISON IDENTIFICATION/BOOKING NO.
ADDRESS OR PLACE OF CONFINEMENT
Note:
It is your responsibility to notify the Clerk of Court in writing of any
change of address. If represented by an attorney, provide his name,
address, telephone and facsimile numbers, and e-mail address.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:
CV
To be supplied by the Clerk of the United States District Court
FULL NAME (Include name under which you were convicted)
Petitioner,
I’
V.
PETITION FOR WRIT OF HABEAS CORPUS
BY A PERSON IN STATE CUSTODY
28 U.S.C. § 2254
NAME OF WARDEN, SUPERINTENDENT, .TAILOR OR AUTHORIZED
PERSON HAVING CUSTODY OF PETITIONER
Respondent.
AMENDED
PLACE’COUNTY OF CONVICTION___________________
PREVIOUSLY FILED, RELATED CASES IN THIS DISTRICT COURT
(List isv case nwnber)
CV
CV
INSTRUCTIONS - PLEASE READ CAREFULLY
1. To use this form, you must be a person who either is currently serving a sentence under a judgment against you in a California
state court, or will be serving a sentence in the future under a judgment against you in a California state court. You are asking for relief
from the conviction and/or the sentence. This form is your petition for relief.
2. In this petition, you may challenge the judgment entered by only one California state court. If you want to challenge the judgment
entered by a different California state court, you must file a separate petition.
3. Make sure the form is typed or neatly handwritten. 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.
4. Answer all the questions. You do not need to cite case law, but you do need to state the federal legal theory and operative facts
in support of each ground. You may submit additional pages if necessary. If you do not fill out the form properly, you will he asked to
submit additional or correct information. If you want to submit a legal brief or arguments, you may attach a separate memorandum.
5. You must include in this petition all the grounds for relief from the conviction and/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 petition, you may be barred from presenting additional
grounds at a later date.
5. You must pay a fee of $5.00. If the fee is paid, your petition will be filed. If you cannot afford the fee, you may ask to proceed
mforrnapanperzs (as a poor person). To do that, you must fill out and sign the declaration of the last two pages of the form. Also, you
must have an authorized officer at the penal institution complete the certificate as to the amount of money and securities on deposit to your
credit in any account at the institution. If your prison account exceeds $25.00, you must pay the filing fee.
6. When you have completed the form, send the original and two copies to the following address:
Clerk of the United States District Court for the Central District of California
United States Courthouse
AITN: Intake/Docket Section
312 North Spring Street
Los Angeles, California 90012
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 1 of 10
PLEASE COMPLETE THE FOLLOWING: (Check appropriate number)
This petition concerns:
1. 0 a conviction anchor sentence.
2. 0 prison discipline.
3. 0 a parole problem.
4. 0 other.
PETITION
1. Venue
a. Place of detention
b. Place of conviction and sentence
2. Conviction on which the petition is based
a. Nature of offenses involved
a separate petition must befiledfor each conviction being attacked).
(inchide all counts):
b. Penal or other code section or sections:
c. Case number:
d. Date of conviction:
e. Date of sentence:
f. Length of sentence on each count:
g. Plea
(check- one):
0 Not guilty
0 Guilty
0 Nolocontendere
h. Kind of trial
(check one):
o Jury
E3 Judge only
3. Did you appeal to the California Court of Appeal from the judgment of conviction?
If so, give the following information for your appeal
(and attach a copy of the court
El Yes El No
of Appeal decision fT available)
a. Case number:
b. Grounds raised
(list each):
(1)
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0
CV-69 (04/05)
§ 2254)
Page 2 of 10
(2)
(3)
(4)
(5)
(6)
c. Date of decision:
d. Result
4. If you did appeal, did you also file a Petition for Review with the California Supreme Court of the Court of Appeal
decision? [ii Yes 0 No
If so give the following information
’and attach copies ci the Petition for Review and the Supreme Court ruling fai’oilable)
a. Case number:
b. Grounds raised
(flI each,):
(1)
(2)
(3)
4)
(5)
(6)
c. Date of decision:
d. Result
5.
If you did not appeal:
a. State your reasons
b. Did you seek permission to file a late appeal?
LI Yes LI No
6. Have you previously filed any habeas petitions in any state court with respect to this judgment of conviction?
LIYes LINo
If so, give the following information for each such petition
(use additional pages Ynecessaty, and attach copies
of the petitions and the
rulings on the petitions favailable):
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 u.S.0 § 2254)
CV-69 (04/05)
Page 3 of 10
a. (I) Name of court:
(2) Case number:
(3) Date filed
(or if mailed, the date the petition was turned over to the prison authorites for mailing):
(4) Grounds raised
(liSt each):
(a)
(b)
(c)
(d)
(e)
(f)
(5)
Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
0 Yes 0 No
b. (l) Name ofcourt:
(2) Case number:
(3) Date filed
(or if mailed, the date the petition was turned over to the prison authorities for mailing):
(4) Grounds raised
(list each)
(a)
(b)
(c)
(d)
(e)
(f)
(5)
Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
0 Yes 0 No
c. (1) Name of court:
(2) Case number:
(3) Date filed
(or tf mailed the date the petition was turned over to the prison authorities for mailing
(4) Grounds raised
1isr each):
(a)
(b)
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 4 of 10
(c)
(d)
(e)
(f)
(5) Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
El Yes El No
7. For this petition, 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 five grounds. Summarize
briefly the facts supporting each ground. For example, if you are claiming ineffective assistance of counsel, you
must state facts specifically setting forth what your attorney did or failed to do.
CAUTION:
Exhaustion Requirement: In order to proceed in federal court, you must ordinarily first exhaust
your state court remedies with respect to each ground on which you are requesting relief from the
federal court. This means that, prior to seeking relief from the federal court, you first must
present all of your grounds to the California Supreme Court.
a. Ground one:
(1) Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
DYes
El No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
El Yes
0N
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
El Yes
0N
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
El Yes
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
El Yes
0
9
01
b. Ground two:
(1) Supporting FACTS:
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 5 of 10
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
Eli Yes
LI No
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
LI Yes
LI No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
LI Yes
El No
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
LI Yes
LI No
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
LI Yes
LI No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
LI Yes
Eli No
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
LI Yes
El No
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
LI Yes
LI No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
LI Yes
LI No
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
LI Yes
LI No
c. Ground three:
(1) Supporting FACTS:
d. Ground four:
(I) Supporting FACTS:
e. Ground five:
(I) Supporting FACTS:
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 6 of 10
8. If any of the grounds listed in paragraph 7 were not previously presented to the California Supreme Court, state
briefly which grounds were not presented, and give your reasons:
9. Have you previously filed any habeas petitions in any federal court with respect to this judgment of conviction?
DYes 0 N
If so, give the following information for each such petition
ruse additional pagns ifnecessaq, and attach copies of the petitions and
the rulins on the petitions if available):
a. (I) Name of court:
(2) Case number:
(3) Date filed
(0/ifmailed, the date the petition was turned over to the prison authorities for mailing):
(4) Grounds raised
(ust each)
(a)
(b)
(c)
(d)
(e)
(f)
(5) Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
El Yes U No
b. (1) Name of court:
(2) Case number:
(3) Date filed
(0.’ .
if ,nailed, the date the petition was turned over to the prison authorities for inailing)
(4) Grounds raised
(list each):
(a)
(b)
(c)
(d)
(e)
(f)
(5) Date of decision:
(6) Result
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04105)
Page 7 of 10
(7) Was an evidentiary hearing held?
0 Yes LI No
10. Do you have any petitions now pending (i.e., filed but not yet decided) in any state or federal court with respect
to this judgment of conviction?
0 Yes 0 No
If so, give the following information
and attach a copy
of the petition if aailable,)
(1) Name of court:
(2) Case number:
(3) Date filed
(01 .
jf mailed, the date the petition was turned over to the prison authorities for mailing):
(4) Grounds raised
tiist each,):
(a)
(0
11. Are you presently represented by counsel?
0 Yes LI No
If so, provide name, address and telephone number:
WHEREFORE, petitioner prays that the Court grant petitioner relief to which he may be entitled in this proceeding,
Signature of Attorney (if any)
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.
Executed on
Date
Signature of Petitioner
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 8 of 10
DECLARATION IN SUPPORT
OF REQUEST
TO PROCEED
IN FORMA PAUPERIS
Petitioner
Respondcnt(s)
I,
’declare that I am the petitioner in the above entitled case;
that in support of my motion to proceed without being required to prepay fees, costs or give security therefor, I state that
because of my poverty I am unable to pay the costs of said proceeding or to give security therefor; that I believe I am
entitled to relief.
1. Are you presently employed? 0 Yes 0 No
a. If the answer is yes, state the amount of your salary or wages per month, and give the name and address of your
employer.
b. If the answer is no, state the date of last employment and the amount of the salary and wages per month which
you received.
2. Have you received, within the past twelve months, any money from any of the following sources?
a. Business, profession or form of self-employment? 0 Yes 0 No
b. Rent payments, interest or dividends?
0 Yes 0 No
c. Pensions, annuities or life insurance payments?
0 Yes 0 No
d. Gifts or inheritances?
0 Yes 0 No
e. Any other sources?
0 Yes 0 No
If the answer to any of the above is yes, describe each source of money and state the amount received from each
during the past twelve months:
3. Do you own any cash, or do you have money in a checking or savings account?
(Include any Ands in prison accounts)
El Yes El No
If the answer is yes, state the total value of the items owned:
CV-69 (04/05)
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 IJ.S.0 § 2254)
Page 9 of 10
4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property? (Excluding ordinary
householdfurnishings and clothing)
0 Yes 0 No
If the answer is yes, describe the property and state its approximate value:
5. List the persons who are dependent upon you for support, state your relationship to those persons, and indicate how
much you contribute toward their support:
I, declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct.
Executed on
Date
Signature ofPetitioner
CERTIFICATE
I hereby certify that the Petitioner herein has the sum of $
account to his credit
- institution where he is
at the -
confined. I further certify that Petitioner likewise has the following securities to his credit according to the records of said
institution:
Date
Authorized Officer of InstitutionMfle of Officer
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 10 of 10
NAME
PRISON IDENTIFICATION/BOOKING NO.
ADDRESS OR PLACE OF CONFINEPYIFNT
Note:
It is your responsibility to notify the Clerk of Court in writing of any
change of address. If represented by an attorney, provide his name,
address, telephone and facsimile numbers, and e-mail address.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:
CV
To be supplied by the Clerk of the United States District Court
FULL NAME (include ,iame tinder which you were convicted)
Petitioner,
AMENDED
PETITION FOR WRIT OF HABEAS CORPUS
BY A PERSON IN STATE CUSTODY
28 U.S.C. § 2254
NAME OF WARDEN, SUPERINTENDENT, JAILOR OR AUTHORIZED
PERSON HAVING CUSTODY OF PETITIONER
Respondent.
PLACE’COUNTY OF CONVICTION____________________
PREVIOUSLY FILED, RELATED CASES IN THIS DISTRICT COURT
List by case number)
CV
Cv
INSTRUCTIONS - PLEASE READ CAREFULLY
1. To use this form, you must be a person who either is currently serving a sentence under a judgment against you in a California
state court, or will be serving a sentence in the future under a judgment against you in a California state court. You are asking for relief
from the conviction and/or the sentence. This form is your petition for relief.
2. In this petition, you may challenge the judgment entered by only one California state court. If you want to challenge the judgment
entered by a different California state court, you must file a separate petition.
3. Make sure the form is typed or neatly handwritten. 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.
4. Answer all the questions. You do not need to cite case law, but you do need to state the federal legal theory and operative facts
in support of each ground. You may submit additional pages if necessary. If you do not fill out the form properly, you will he asked to
submit additional or correct information. If you want to submit a legal brief or arguments, you may attach a separate memorandum.
5. You must include in this petition a ll the grounds for relief from the conviction and/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 petition, you may be barred from presenting additional
grounds at a later date.
5. You must pay a fee of $5.00. If the fee is paid, your petition will be filed. If you cannot afford the fee, you may ask to proceed
in,forrna pauperis (as a poor person). To do that, you must fill out and sign the declaration of the last two pages of the form. Also, you
must have an authorized officer at the penal institution complete the certificate as to the amount of money and securities on deposit to your
credit in any account at the institution. If your prison account exceeds $25.00, you must pay the filing fee.
6. When you have completed the form, send the original and two copies to the following address:
Clerk of the United States District Court for the Central District of California
United States Courthouse
A’JTN: Intake/Docket Section
312 North Spring Street
Los Angeles, California 90012
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 1 of 10
PLEASE COMPLETE THE FOLLOWING: (Check appropriate number)
This petition concerns:
1. 0 a conviction and/or sentence.
2. 0 prison discipline.
3. 0 a parole problem.
4. 0 other.
PETITION
1. Venue
a. Place of detention
b. Place of conviction and sentence
2. Conviction on which the petition is based
a. Nature of offenses involved
(a separate petition must heft/edfor each conviction being attacked).
(include all counts):
b. Penal or other code section or sections:
c. Case number:
d. Date of conviction:
e. Date of sentence:
f. Length of sentence on each count:
g. Plea i’checkane
o Not guilty
0 Guilty
0 Nolocontendere
h. Kind of trial
(check one)
El Jury
O Judge only
3. Did you appeal to the California Court of Appeal from the judgment of conviction?
If so, give the following information for your appeal
0 Yes 0 No
(and attach a copy of the Cowl of Appeal decision if available):
a. Case number:
b. Grounds raised (list each):
(1)
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 2 of 10
(2)
(3)
(4)
(5)
(6)
c. Date of decision:
d. Result
4. If you did appeal, did you also file a Petition for Review with the California Supreme Court of the Court of Appeal
decision? U Yes U No
If so give the following information
(and attach copies qf the Petition for Review and the Supreme Court ruling tfavailable
a. Case number:
b. Grounds raised
(lilt eacb)
(1)
(2)
(3)
(4)
(5)
(6)
c. Date of decision:
d. Result
5. If you did not appeal:
a. State your reasons
b. Did you seek permission to file a late appeal?
U Yes U No
6. Have you previously filed any habeas petitions in any state court with respect to this judgment of conviction?
DYes 0 N
If so, give the following information for each such petition
(use additional pages f necessaly, and attach copies
of the petitions and the
rulings on the petitions if available):
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 3 of 10
a. (1) Name of court:
(2) Case number:
(3) Date filed
(or f,nailed, the dote the petition was turned over to the prison authorities for mailing)
(4) Grounds raised
(list each)
(a)
(b)
(c)
(d)
(e)
(f)
(5)
Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
Li Yes 0 No
b. (1) Name of court:
(2) Case number:
(3) Date filed
(or if mailed, the date the petition was turned over to the prison authoritiesfor mailing):
(4) Grounds raised
(Vat each):
(a)
(b)
(c)
(d)
(e)
(f)
(5)
Date of decision:
(6) Result
(7)
Was an evidentiary hearing held?
0 Yes 0 No
c. (1) Name of court:
(2) Case number:
(3) Date filed
(or if mailed, the dale the petition was turned over to the prison authorities for ma//tug,):
(4) Grounds raised
(list each):
(a)
(b)
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 4 of 10
(c)
(d)
(e)
(f)
(5) Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
El Yes 0 No
7. For this petition, 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 five grounds. Summarize
briefly the facts supporting each ground. For example, if you are claiming ineffective assistance of counsel, you
must state facts specifically setting forth what your attorney did or failed to do.
CAUTION:
Exhaustion Requirement: In order to proceed in federal court, you must ordinarily first exhaust
your state court remedies with respect to each ground on which you are requesting relief from the
federal court. This means that, prior to seeking relief from the federal court, you. first must
present all of your grounds to the California Supreme Court.
a. Ground one:
(I) Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
DYes
EINo
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
El Yes
0 N
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
DYes
0 N
b. Ground two:
(1) Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
0 Yes
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? 0 Yes
0N
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-.69 (04/05)
Page 5 of 10
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
LI Yes
LI No
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
LI Yes
LI No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
LI Yes
LI No
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
LI Yes
LI No
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
LI Yes
LI No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
LI Yes
LI No
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
LI Yes
LI No
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
LI Yes
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
LI Yes
LI Yes
LI No
LI No
c. Ground three:
(1) Supporting FACTS:
d. Ground four:
(1) Supporting FACTS:
e. Ground five:
(1) Supporting FACTS:
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
LI No
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 ILS.0 § 2254)
CV-69 (04/05)
Page 6 of 10
8. If any of the grounds listed in paragraph 7 were not previously presented to the California Supreme Court, state
briefly which grounds were not presented, and give your reasons:
9. Have you previously filed any habeas petitions in any federal court with respect to this judgment of conviction?
DYes El No
If so, give the following information for each such petition
(t4,Teadditioi:alpagaTifneces-saty, and attach copies of the petit ions and
the ridings on the petitions if available):
a. (1)Name of court:
(2) Case number:
(3) Date filed
(or if mailed, the date the petition was turned over to the prison authorities for mailing)
(4) Grounds raised
(list each):
(a)
(b)
(c)
(d)
(e)
(f)
(5) Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
0 Yes 0 No
b. (1) Name of court:
(2) Case number:
(3) Date filed (or f mailed, the date the petition was turned over to the prison authorities for mailing):
4) Grounds raised
(list each):
(a)
(b)
(c)
(d)
(e)
(f)
(5) Date of decision:
(6) Result
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04105)
Page 7 of 10
(7) Was an evidentiary hearing held?
D Yes LI No
10. Do you have any petitions now pending (i.e., filed but not yet decided) in any state or federal court with respect
to this judgment of conviction?
El Yes El No
If so, give the following information
(and attach a copy
of the petition tfavailable):
(1) Name of court:
(2) Case number:
(3) Date filed
--
(or if mailed, the date the petition was turned over to the prison authorities for inailing)
(4) Grounds raised
list each):
(a)
(b)
(c)
(d)
(e)
(1)
11. Are you presently represented by counsel?
El Yes
El No
If so, provide name, address and telephone number:
WHEREFORE, petitioner prays that the Court grant petitioner relief to which he may be entitled in this proceeding,
Signature of Attorney (if any)
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.
Executed on
Date
Signature of Petitioner
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 8 of 10
DECLARATION IN SUPPORT
OF REQUEST
TO PROCEED
IN FORMA PAUPERIS
Petitioner
Respondent(s)
I,
, declare that I am the petitioner in the above entitled case;
that in support of my motion to proceed without being required to prepay fees, costs or give security therefor, I state that
because of my poverty I am unable to pay the costs of said proceeding or to give security therefor; that I believe I am
entitled to relief.
1. Are you presently employed? 0 Yes 0 No
a. If the answer is yes, state the amount of your salary or wages per month, and give the name and address of your
employer.
b. If the answer is no, state the date of last employment and the amount of the salary and wages per month which
you received.
2. Have you received, within the past twelve months, any money from any of the following sources?
a. Business, profession or form of self-employment? 0 Yes 0 No
b. Rent payments, interest or dividends?
0 Yes D No
c. Pensions, annuities or life insurance payments?
0 Yes 0 No
d. Gifts or inheritances?
0 Yes 0 No
e. Any other sources?
0 Yes 0 No
If the answer to any of the above is yes, describe each source of money and state the amount received from each
during the past twelve months:
3. Do you own any cash, or do you have money in a checking or savings account?
(Include any funds in prison accounts)
DYes 0 N
If the answer is yes, state the total value of the items owned:
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 9 of 10
4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property? (Excluding ordinary
honseholdfurnishings and clothing) 0 Yes 0 No
If the answer is yes, describe the property and state its approximate value:
5. List the persons who are dependent upon you for support, state your relationship to those persons, and indicate how
much you contribute toward their support:
I, declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct.
Executed on
Date
Signature ofPetitioner
CERTIFICATE
I hereby certify that the Petitioner herein has the sum of $
on account to his credit
institution where he is
at the
confined. I further certify that Petitioner likewise has the following securities to his credit according to the records of said
institution:
Date
Authorized Officer of InstitutionlTifie of Officer
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON INSTATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)
Page 10 of 10
NAME
PRISON IDENTIFICATION/BOOKING NO.
ADDRESS OR PLACE OF CONFINEMENT
Note:
It is your responsibility to notify the Clerk of Court in writing of any
change of address. If represented by an attorney, provide his name,
address, telephone and facsimile numbers, and e-mail address.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:
CV
To be supplied by the Clerk of the United States District Court
FULL NAME (Include name under which you were convicted)
Petitioner,
V.
AMENDED
PETITION FOR WRIT OF HABEAS CORPUS
BY A PERSON IN STATE CUSTODY
28 U.S.C. § 2254
NAME OF WARDEN, SUPERINTENDENT, JAILOR OR AUTHORIZED
PERSON HAVING CUSTODY OF PETITIONER
Respondent.
PLACE’COUNTY OF CONVICTION__________________
PREVIOUSLY FILED, RELATED CASES IN THIS DISTRICT COURT
(List by case number)
CV
Cv
INSTRUCTIONS - PLEASE READ CAREFULLY
1. To use this form, you must be a person who either is currently serving a sentence under a judgment against you in a California
state court, or will be serving a sentence in the future under a judgment against you in a California state court. You are asking for relief
from the conviction and/or the sentence. This form is your petition for relief.
2. In this petition, you may challenge the judgment entered by only one California state court. If you want to challenge the judgment
entered by a different California state court, you must file a separate petition.
3. Make sure the form is typed or neatly handwritten. 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.
4. Answer all the questions. You do not need to cite case law, but you do need to state the federal legal theory and operative facts
in support of each ground. You may submit additional pages if necessary. If you do not fill out the form properly, you will he asked to
submit additional or correct information. If you want to submit a legal brief or arguments, you may attach a separate memorandum.
5. You must include in this petition all the grounds for relief from the conviction and/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 petition, you maybe barred from presenting additional
grounds at a later date.
5.
You must pay a fee of $5.00. If the fee is paid, your petition will be filed. If you cannot afford the fee, you may ask to proceed
wfovrna pauperis (as a poor person). To do that, you must fill out and sign the declaration of the last two pages of the form. Also, you
must have an authorized officer at the penal institution complete the certificate as to the amount of money and securities on deposit to your
credit in any account at the institution. If your prison account exceeds $25.00, you must pay the filing fee.
6. When you have completed the forni, send the original and two copies to the following address:
Clerk of the United States District Court for the Central District of California
United States Courthouse
ATTN: Intake/Docket Section
312 North Spring Street
Los Angeles, California 90012
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04105)
Page 1 of 10
PLEASE COMPLETE THE FOLLOWING: (Check appropriate number)
This petition concerns:
1. 0 a conviction and/or sentence.
2. 0 prison discipline.
3. 0 a parole problem.
4. 0 other.
PETITION
1. Venue
a. Place of detention
b. Place of conviction and sentence
2. Conviction - on which the petition is based
a. Nature of offenses involved
(a separate petition must befiledfor each conviction being attacked).
(include all counts):
b. Penal or other code section or sections:
c. Case number:
d. Date of conviction:
e. Date of sentence:
f.
Length of sentence on each count:
g. Plea
checko,ze:
O Not guilty
E3 Guilty
O Nolocontendere
h. Kind of trial
’check one
o Any
O Judge only
3. Did you appeal to the California Court of Appeal from the judgment of conviction?
If so, give the following information for your appeal
0 Yes 0 No
(and attach a copy of the Court of Appeal decision if availabl)
a. Case number:
b. Grounds raised
(list each):
(1)
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(2)
(3)
(4)
(5)
(6)
c. Date of decision:
d. Result
4. If you did appeal, did you also file a Petition for Review with the California Supreme Court of the Court of Appeal
decision? U Yes U No
If so give the following information
(and attach copies of the Pet ition for Review and the Supreme court ruling
if available):
a. Case number:
b. Grounds raised
1irt each
(1)
(2)
(3)
(4)
(5)
(6)
c. Date of decision:
d. Result
5. If you did not appeal:
a. State your reasons
b. Did you seek permission to file a late appeal?
U Yes 0 No
6. Have you previously filed any habeas petitions in any state court with respect to this judgment of conviction?
DYes 0 N
If so, give the following information for each such petition
rulings on the petitions
(i/se additional pages tf necessaly, and attach copies of tile petitions and the
if available,):
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0 § 2254)
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a. (I) Name of court:
(2) Case number: - (3) Date filed
(or f mailed, the date the petition was turned over to the prison authorities for mailing):
4) Grounds raised
(list each):
(a)
(b)
(c)
(d)
(e)
(f)
(5) Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
El Yes
El No
b. (1) Name of court:
(2) Case number:
(3) Date filed
(or if mailed, the date the petition was turned over to the prison authorities for mailing)
(4) Grounds raised
(list each):
(a)
(b)
(c)
(d)
(e)
(I)
(5) Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
U Yes U No
c. (1) Name of court:
(2’ Case number:
(3) Date filed
(or if mailed, the date the petition was turned over to the prison authorities for mailing)
(4) Grounds raised
(list each):
(a)
(b)
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0 § 2254)
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(c)
(d)
(e)
(f)
(5) Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
El Yes Ill No
7. For this petition, 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 five grounds. Summarize
briefly the facts supporting each ground. For example, if you are claiming ineffective assistance of counsel, you
must state facts specifically setting forth what your attorney did or failed to do.
CAUTION: Exhaustion Requirement: In order to proceed in federal court, you must ordinarily first exhaust
your state court remedies with respect to each ground on which you are requesting relief from the
federal court. This means that, prior to seeking relief from the federal court, you first must
present all of your grounds to the California Supreme Court.
a. Ground one:
(1) Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
El Yes
0 No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
0 Yes
El No
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
LI Yes
D No
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
El Yes
0 No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
0 Yes
0 No
b. Ground two:
(1) Supporting FACTS:
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0 § 2254)
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(4) Did you raise this claim in a habeas petition to the California Supreme Court?
El Yes
El No
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
El Yes
El No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
El Yes
El No
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
El Yes
Eli No
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
El Yes
El No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
El Yes
El No
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
El Yes
El No
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
El Yes
El No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court?
El Yes
El No
(4) Did you raise this claim in a habeas petition to the California Supreme Court?
El Yes
El No
c. Ground three:
(1) Supporting FACTS:
d. Ground four:
(1) Supporting FACTS:
e. Ground five:
(1) Supporting FACTS:
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8. If any of the grounds listed in paragraph 7 were not previously presented to the California Supreme Court, state
briefly which grounds were not presented, and give your reasons:
9. Have you previously filed any habeas petitions in any federal court with respect to this judgment of conviction?
DYes 0 N
If so, give the following information for each such petition
the rulings on the petitions
’use addirionalpagev
f necess-aly, and attach copies of the petitions and
41available)
a. (1) Name of court:
(2) Case number:
(3) Date filed
(or if mailed, the date the petition was turned over to the prison authorities for mailing):
(4) Grounds raised
’list each,):
(a)
(b)
(c)
(d)
(e)
(f)
(5) Date of decision:
(6) Result
(7) Was an evidentiary hearing held?
LI Yes LI No
b. (1) Name of court:
(2) Case number:
(3) Date filed
(Or if mailed, the dale the petition was turned over to the prison authorities for mailing):
(4) Grounds raised
(list each):
(a)
(b)
(c)
(d)
(e)
(0
(5) Date of decision:
(6) Result
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0 § 2254)
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DECLARATION IN SUPPORT
OF REQUEST
TO PROCEED
IN FORMA PAUPERIS
Petitioner
Respondent(s)
I,
declare that I am the petitioner in the above entitled case;
that in support of my motion to proceed without being required to prepay fees, costs or give security therefor, I state that
because of my poverty I am unable to pay the costs of said proceeding or to give security therefor; that I believe I am
entitled to relief.
1. Are you presently employed? 0 Yes 0 No
a. If the answer is yes, state the amount of your salary or wages per month, and give the name and address of your
employer.
b. If the answer is no, state the date of last employment and the amount of the salary and wages per month which
you received.
2. Have you received, within the past twelve months, any money from any of the following sources?
a. Business, profession or form of self-employment? 0 Yes 0 No
b. Rent payments, interest or dividends?
0 Yes 0 No
c. Pensions, annuities or life insurance payments?
0 Yes 0 No
d. Gifts or inheritances?
0 Yes 0 No
e. Any other sources?
0 Yes 0 NO
If the answer to any of the above is yes, describe each source of money and state the amount received from each
during the past twelve months:
3. Do you own any cash, or do you have money in a checking or savings account?
(Include any funds in prison accounts)
El Yes El No
If the answer is yes, state the total value of the items owned:
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0
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4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property?
househoidfurnishings and clothing)
(Excluding ordina,:v
0 Yes 0 No
If the answer is yes, describe the property and state its approximate value:
5. List the persons who are dependent upon you for support, state your’relationship to those persons, and indicate how
much you contribute toward their support:
I, declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct.
Executed on
Date
Signature ofPet itioner
CERTIFICATE
I hereby certify that the Petitioner herein has the sum of $_______________________________ on account to his credit
at
the
institution
where
he
is
confined. I further certify that Petitioner likewise has the following securities to his credit according to the records of said
institution:
Date
Authorized Officer of InstitutionlTitle of Officer
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