Washington IFP Application for 2241, 2254 Habeas Petitions

State:
Washington
Control #:
WA-SKU-0238
Format:
PDF
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Description

IFP Application for 2241, 2254 Habeas Petitions

The Washington IFP Application for 2241, 2254 Areas Petitions is a form used by individuals who wish to apply for a Writ of Habeas Corpus in the state of Washington. A Writ of Habeas Corpus is a legal action that allows someone to challenge the legality of their confinement in prison or jail. This application is designed specifically for 2241 and 2254 Areas Petitions, which are petitions for writs of habeas corpus that are filed in federal or state courts. The application includes a petition for writ of habeas corpus and a motion for leave to proceed in form paupers. The petition for writ of habeas corpus includes the petitioner's allegations and a request for the relief sought, such as release from detention or a hearing. The motion for leave to proceed in form paupers is a request for the court to waive the payment of filing fees for the petition. The Washington IFP Application for 2241, 2254 Areas Petitions is available for free from the Washington State Courts website, and can be downloaded and filled out electronically or printed and completed by hand.

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FAQ

Section 2241 habeas corpus petitions must be filed in the district where the prisoner is confined, and are litigated by the U.S. Attorneys' Offices in the districts where the petitions are filed.

By threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.

Where Does One File a 2254 Petition? A 2254 petition must be filed in the federal district court that has jurisdiction over the county where the conviction occurred.

Section 2241 of Title 28 of the United States Code (?28 U.S.C. § 2241?) permits courts to issue writs of habeas corpus where a prisoner establishes that he is in custody in violation of the Constitution or laws or treaties of the United States.

§ 2241. (a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had.

You may file a petition for a writ of habeas corpus under 28 U.S.C. § 2254 if you are in custody pursuant to the judgment of a state court in violation of the federal constitution or federal statutes. You may challenge either the fact or duration of your state sentence.

A: 28 USC 2241 should be used for challenges related to the execution of the sentence, while section 2255 should be used to attack the validity of the conviction. Any challenge to conditions of confinement is properly brought under 28 USC 2241.

Form Under Local Rule CR 10 all pleadings must be on 8.5 X 11 inch white paper, be typed or clearly written and double spaced except for quotations. Three inches of space shall be left at the top of the first page. All other margins must be at least 1 inch wide. The text must be at least 12 points.

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Washington IFP Application for 2241, 2254 Habeas Petitions