COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : INSTRUCTIONS FOR FILING A JUDICIAL SUBPOENA Plaintiff(s) PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. §2241 -against: FOR A PERSON IN FEDERAL CUSTODY : 1. WHO SHOULD USE THIS FORM. You should use this packet if you: (1) are in federal : custody; (2) wish to challenge the fact or duration of your confinement; (3) believe your federal constitutional rights have been violated; and (4) do not have a licensed attorney to represent you. Defendant(s) : . . . . . . . . If. you .are. attacking. a .federal.sentence,. you.must. first. file a direct appeal or a motion under 28 . ... .. ....... . ..... ....... ... ... ... . U.S.C. §2255 in the federal court which sentenced you. 2. FILL OUT THE FORM. Petitions must THE PEOPLE OF THE STATE OF NEW YORK be filed on the attached form. All questions on the form TO 3. must be answered truthfully and concisely in the proper space on the form. Additional pages are not permitted except with respect to the facts upon which you rely to support your grounds for relief. STATE ONLY FACTS. Your petition must only set forth the facts upon which you rely in support of your petition for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be and excuses the form aside, you and each of you WE COMMAND YOU, that all business submitted in being laidof a separate memorandum. attend before GREETINGS: , the Honorable at the Court located at County ofTYPE OR PRINT THE PETITION. Your petition must be typed or legibly handwritten. 4. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 5. PAPER SIZE. All pleadings and other papers submitted for filing must be on 8 ½” x 11" letter size paper. Your failure to comply with thisthe respondent is the Warden at the institutionandwhich you you liable to 6. RESPONDENT. Generally subpoena is punishable as a contempt of court in will make are the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a confined. result of your failure to comply. 7. FILING FEE. The filing fee of $5.00 must be paid at the time of filing. If you do not have the Witness, Honorable , one of the Justices of the filing fee, you may request to proceed in forma pauperis. In requesting to proceed in forma Court in County, day of , 20 pauperis, you must provide the court with information regarding your financial situation and complete the attached forms provided for this purpose. (Attorney must sign above and type name below) 8. SCOPE OF PETITION. Only one sentence, conviction, or parole matter may be challenged in a single petition. If you seek to challenge more than one, you must do so by separate petitions. 9. WHERE TO MAIL. When the petition is fully complete, the original and two copies, along with the filing fee or application to proceed in forma pauperis must be mailed to: Clerk of Court, United States District Court, Western District of Louisiana, 300 Fannin Street, Suite 1167, Shreveport, Louisiana 71101-3083. Office and P.O. Address 10. DEFICIENT PETITIONS. Petitions which do not conform to these instructions will be returned with a notation as to the deficiency. Telephone No.: Attorney(s) for Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : UNITED STATES DISTRICT COURT JUDICIAL SUBPOENA Plaintiff(s) FOR THE WESTERN DISTRICT OF LOUISIANA -against: __________ DIVISION : Sec.P. Petitioner’s Name and Number : Civil Action Number Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ____________________________ ....... Judge VS. THE PEOPLE OF THE STATE OF NEW YORK Magistrate Judge TO Name of Respondent APPLICATION FOR FEDERAL WRIT OF HABEAS CORPUS UNDER 28 U.S.C. §2241 1. Present place of confinement that all business and excuses being laid aside, you and each of you attend before . WE COMMAND YOU, GREETINGS: , the Honorable at the Court located at County of the basis for your petition and complete the portions of the application form indicated: 2. Indicate in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the a. b. A conviction. A sentence. CAUTION: If you are attacking a sentence imposed under a federal judgment, you must first file a direct motion under 28 U.S.C.§2255 in the federal Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to court which entered the judgment. the party on whose behalfPrison discipline. issued for a maximum penalty of $50 and all damages sustained as a this subpoena was c. result of your failure to comply. d. A parole problem. e. A detainer placed by the State of . Witness, Honorable , one of the Justices of the f. A deportation order or detainer placed by the Immigration & Naturalization Court in County, day of , 20 Service. g. Continued detention in the custody of the Immigration & Naturalization Service. h. Other (Attorney must sign above and type name below) 3. PERSONS CHALLENGING A FEDERAL CONVICTION OR SENTENCE COMPLETE THIS PART. Attorney(s) for a. Name and location of court which entered judgment of conviction and the sentence you are currently serving and which is currently under attack. Office and P.O. Address b. Date of judgment of conviction. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. : JUDICIAL SUBPOENA c. Length of sentence imposed. Plaintiff(s) d. Name of sentencing judge. e. Nature of the offense(s) for which you were convicted (list all counts). -against- : : : Defendant(s) : . . . . . . . . f.. . . . . .What .was .your .plea? . . . . . . . . . . . . . . . . . . . . . . . .... ... ... .... Guilty Not Guilty Nolo Contendere THE PEOPLE OF THE STATE OF NEW YORK If you entered a GUILTY plea to one count or indictment and a NOT GUILTY plea to another count or indictment, give details. TO GREETINGS: g. Type of trial. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court Jury located at County of Judge Only in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the h. Did you testify at trial? Yes No Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf appeal from the judgment of conviction? penalty of $50 and all damages sustained as a i. Did you this subpoena was issued for a maximum result of your failure to comply. Witness, Honorable Court in County, j. day of , one of the Justices of the , 20 If you did appeal, answer the following: 1. Name of court. 2. Result of appeal. 3. 4. k. Yes No Date of result. Grounds raised on appeal. (Attorney must sign above and type name below) Attorney(s) for Other than a direct appeal from the judgment of conviction and sentence, have you filed Office and P.O. Address any other petitions, applications or motions withrespect to this judgment in any court, state or federal? Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Yes Plaintiff(s) -against- If YES, give the following information: 1. Name of court. 2. Nature of proceeding. Calendar No. :No JUDICIAL SUBPOENA : : : 3. Grounds raised. Defendant(s) : ...................................................... (i) Did you receive THE PEOPLE OF THE STATE OF NEW YORK an evidentiary hearing on the petition, application, or motion? TO (ii) GREETINGS: Yes No If YES, give the following information: Result. WE COMMAND YOU, Dateall business and excuses being laid aside, you and each of you attend before that of result. , the Honorable Have you filed a motion under Section 2255 of Title 28 of the United States Code to at the Court l. located at the sentence imposed? County of vacate, set aside, or correct in room , on the day of , 20 , at o'clock in the noon, and at any recessed Yes or adjourned date, to testify and give evidence as a witness in this action on the part of the No If YES, what grounds were presented? Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalfhave subpoena was issued for a maximum penalty of $50 and state or federal? m. Do you this any petition, application, or appeal pending in any court, all damages sustained as a result of your failure to comply. Yes No Witness, Honorable If YES, give the following information: Court in County, day of , 20 1. Name of court. 2. Nature of proceeding. 3. 4. 5. n. o. Date of filing. Suit Number. Current status. , one of the Justices of the (Attorney must sign above and type name below) Attorney(s) for Have you been sentenced on more than one count of an indictment, or on more than one indictment in the same court at the same time? Yes Office and P.O. Address No Do you have any future sentence to serve after you complete the sentence imposed by the Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : judgment under attack in this petition? JUDICIAL SUBPOENA Plaintiff(s) Yes -against: No If YES, give the following information: : 1. Name and location of the court which imposed the sentence to be served in the : future. Defendant(s) : . . . . . . . . . . . . . . .2.. . . . . Length .of .sentence. to be .served .in .the .future. . ...... . ...... .... ..... . .. . 3. Have you filed or do you contemplate filing any petition attacking the judgment which imposed the future sentence. THE PEOPLE OF THE STATE OF NEWYes YORK No TO 4. PERSONS CHALLENGING A DECISION BYTHE PAROLE COMMISSION COMPLETE THIS PART. GREETINGS: a. Have you presented this claim or any other claim challenging the Parole Commission’s decision YOU, that all Appeals Board or any other available agency each of you WE COMMANDto the Nationalbusiness and excuses being laid aside, you and for review? attend before , the Honorable at the Court Yes located at County of No in room , on the what was the result? day of , 20 , at o'clock in the noon, and at any recessed If YES, or adjourned date, to testify and give evidence as a witness in this action on the part of the 5. PERSONS CHALLENGING A STATE DETAINER COMPLETE THIS PART. a. Have you presented this claim or any other claim concerning the legality of the state Your failure to comply with thisyou to thatisstate’s highest court? (NOTE: Interstate Agreement liable to detainer placed against subpoena punishable as a contempt of court and will make you the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a on Detainers) result of your failure to comply. Yes No Witness, Honorable Court in County, , one of the Justices of the day of , 20 6. PERSONS CHALLENGING ACTIONS BYTHE IMMIGRATION & NATURALIZATION SERVICE COMPLETE THIS PART. a. Have you presented this claim or any other claim concerning the INS’s action to the Board (Attorney must sign above and type name below) of Immigration Appeal? Yes No Attorney(s) for If YES, what was the date and result of the appeal? 7. THIS SECTION IS TO BE COMPLETED BY ALL Office and P.O. Address PETITIONERS. Specifics of your claim. State concisely and clearly every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. Do not cite case law. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Give only factual information. : Plaintiff(s) -against- Calendar No. JUDICIAL SUBPOENA : GROUND ONE : : SUPPORTING FACTS Defendant(s) : ...................................................... GROUND TWO THE PEOPLE OF THE STATE OF NEW YORK TO SUPPORTING FACTS GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County ofGROUND THREE in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the SUPPORTING FACTS Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, GROUND FOUR SUPPORTING FACTS , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Date Signature of Petitioner Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com