Federal Habeas Corpus Form 2254
Description
How to fill out Petition For Writ Of Habeas Corpus By A Person In State Custody?
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FAQ
The judge may then request additional information if needed, and may issue a habeas corpus order, at which point the custodian has 24 hours to bring the prisoner before the judge.
The one-year limitation period for filing a § 2254 petition is tolled during times in which a "properly filed" application for state post-conviction relief is "pending." 28 U.S.C. § 2244(d)(2).
A federal petition for writ of habeas corpus under 28 U.S.C. § 2254 is used by a (1) state prisoner (2) being held in state custody (3) to challenge the validity of a state criminal conviction or sentence (4) for the purpose of obtaining release from custody.
This petition must be clearly handwritten in ink or typed. You should exercise care to make sure all answers are true and correct. Because the petition includes a verification, the making of a statement that you know is false may result in a conviction for perjury. Answer all applicable questions in the proper spaces.
The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf. The petition must name the custodian as the respondent and state the facts concerning the applicant's custody and include the legal basis for the request.