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Petition For Writ Of Habeas Corpus (Prisoner) Form. This is a Minnesota form and can be use in District Court Federal.
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Tags: Petition For Writ Of Habeas Corpus (Prisoner), Minnesota Federal, District Court
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
Plaintiff(s)
UNITED STATES DISTRICT JUDICIAL SUBPOENA
COURT
-againstDISTRICT
:
OF MINNESOTA
:
PETITION FOR WRIT OF HABEAS CORPUS
:
PERSONS IN FEDERAL CUSTODY
Defendant(s)
UNDER TITLE 28 USC SECTION 2241
:
......................................................
THE PEOPLE OF THE STATE OF NEW YORK
TO
Full Name and prisoner number of Petitioner
Civil No.
vs.
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
Name of
located at
County of Respondant
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
INSTRUCTIONS - READ CAREFULLY
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
In whose behalf petition to receive consideration by the U. S. District Court, it shall sustained as a
the party on order for this this subpoena was issued for a maximum penalty of $50 and all damages be in
writing (legibly handwritten or
result of your failure to comply. typewritten), signed by the petitioner and verified (notarized), and it
shall set forth in concise form the answers to each question. (If a particular question is not
applicable, that should be specifically noted.) If necessary, petitioner ,may of the Justices of the to a
Witness, Honorable
one finish the answer
particular question on an additional blank page. Petitioner shall make it clear to which question any
Court in
County,
day of
, 20
such continued answer refers.
Since every petition for habeas corpus must be sworn to under oath, the false statement of
(Attorney conviction for perjury.
below)
a material fact therein may serve as the basis of prosecution and must sign above and type namePetitioners
should therefore exercise care to assure that all answers are true and correct.
If the petition is submitted in forma pauperis, it shall include the Application To Proceed In
Attorney(s) for
Forma Pauperis (AO 240-MN). Petitioner should be mindful of the changes in IFP procedures
effected by the "Prison Litigation Reform Act".
When the petition is completed, the original and one copy together with a JS-44 Civil Cover Sheet
Office and P.O. Address
must be mailed to: Office of the Clerk, United States District Court, 700 Federal Building, 316 North
Robert Street, St. Paul, MN 55101. The petition must be accompanied by either (a) the full filing fee
of $5.00, make check payable to U.S. District Court or (b) a properly completed IFP application (with
the initial partial filing fee, if required by 28 U.S.C. Section 1915(b)(1).)
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
1
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
1.
2.
Place of
detention:
Plaintiff(s)
-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
Name and location of court which imposed
sentence
:
:
3.
.......
The indictment number or numbers (if known) upon which and the offense or offenses
Defendant(s)
:
.for. which. sentence was.imposed:. . . . . . . . . . . . . . . . . . . . . .
. .... .......... ......
(a)
(b)
THE PEOPLE OF THE STATE OF NEW YORK
(c)
TO4.
The date upon which sentence was imposed and the terms of the sentence:
(a)
GREETINGS:
(b)
(c)
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
Check
,
the5.
Honorable whether a finding of guilty was made at the
Court
located at
County of
(a)
After a plea of guilty
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
(b)
After a plea of evidence
or adjourned date, to testify and givenot guilty as a witness in this action on the part of the
(c)
6.
After a plea of nolo contendere
If you were found guilty after a plea of not guilty, check whether that finding was made
Your failure to comply with this subpoena is punishable as a contempt of court
by:
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 A jury
comply.
(a)
(b)
A judge without a jury
Witness, Honorable
7.
Court in Did you appeal the judgment of conviction or
County,
day of
, one of the Justices of the
, 20
the imposition of sentence?
8.
If you answered “yes” to Item 7, list:
(a)
(Attorney must sign above and type name below)
The name of each court to which you appealed
i.
Attorney(s) for
ii
iii.
(b)
The result in each such court to which appealed
Office and P.O. Address
i.
ii.
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
iii.
2
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......... ..
:
Index No.
:
(c)
Plaintiff(s)
i.
ii.
-against-
:
JUDICIAL SUBPOENA
:
:
iii.
(d)
Calendar No.
The date of each such result
:
If known, citations of any written opinions or orders entered pursuant to such
results.
Defendant(s)
:
. . . . . . . . . . . . . . . . . . . i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
ii.
iii.
THE PEOPLE OF THE STATE OF NEW YORK
TO9.
State concisely the grounds on which you base your allegation that you are being held in custody
unlawfully. Each ground for relief should be described separately, and each ground should include
(1) a concise statement of the relevant facts and (2) a brief description of the legal principle(s) on
which it is based.
GREETINGS: 1
Ground
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 of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
Ground 2
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party Ground 3 behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
on whose
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
Additional grounds may be set forth on an attached page.
(Attorney must sign above and type name below)
10.
Have you filed previous petitions for habeas corpus, motions under Section 2255 of Title 28, United
States Code, or other applications, Petitions or motions with respect to this conviction? Please
list below.
Attorney(s) for
Office and P.O. Address
11.
Telephone No.:
Facsimile No.:
If you answered "yes" to Item 10, list with respect to each petition, motion or application
E-Mail Address:
Mobile Tel. No.:
3
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
(a)
:
The specific nature thereof:
i.
Plaintiff(s)
ii.
iii.
(b)
Index No.
-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
The name and location of the court in which each was filed.
:
i.
:
ii.
iii.
Defendant(s)
:
. . . . . . . . . . . (c) . . .The. disposition .thereof: . . . . . . . . . . . . . . . . . . . . .
..
.. ........ .....
i.
ii.
THE PEOPLE OF THE STATE OF NEW YORK
iii.
TO
(d)
The date of each such disposition:
i.
ii.
iii.
GREETINGS:
(e)
If known, the citations of any written opinions or orders entered pursuant to each such
disposition.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
i.
,
the Honorable
at the
Court
ii.
located at
County of
in room
,iii. the
on
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,not testify and give evidence 2255 witness in United States Code,part of the such a
to file a motion under Section as a of Title 28, this action on the or if you filed
12.
If you did
motion and it was denied, then for each ground raised here, state why your remedy by way of such
motion is inadequate or ineffective to test the legality of your detention:
Ground 1
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.
Ground 2
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
Ground 3
(Attorney must sign above and type name below)
Additional grounds may be set forth on an attached page.
13.
Attorney(s) for
Has any ground set forth in Item 9 (above) been previously presented to this or any other federal
court by way of petition for habeas corpus, motion under Section 2255 of Title 28, United States
Code, or any other petition, motion or application?
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
4
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
14.
Index No.
:
Calendar No.
If you answered "yes" to Item 13, identify all of the proceedings in which each such ground was
raised.
Ground 2
:
Plaintiff(s)
Ground 1
-against-
JUDICIAL SUBPOENA
:
Ground 3
:
If there are additional grounds, attach a separate page.
:
Defendant(s)
:
. . .15. . . .Have. any. of. the .grounds. for .relief .presented .in this petition. been raised in any prison grievance
..
... .. . .. ..... .. ... ....... ......... ...
procedure or administrative remedies procedure?
9 Yes
9 No
16.
THE
If you answered "yes" to Item 15, then for each ground that has been raised describe (1) each step
that was taken to resolve the claim through a grievance procedure or administrative remedies
procedure and (2) the disposition of YORK
PEOPLE OF THE STATE OF NEW the claim at each step.
TO
Ground 1
Ground 2
GREETINGS:
Ground 3
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 of
in room of any writtenthe
, on materials day of to grievance procedures or administrativethe
, 20
, at
o'clock in remedies
noon, and at any recessed
(Copies
pertaining
or adjourned date, to testify and give evidence as presented and responseson the partshould be attached
procedures - including statements of the claim(s) a witness in this action received - of the
to this petition.)
17.
Are there any administrative remedies available for any of your grounds for relief that have not been
exhausted? to comply with this subpoena is punishable as a contempt of court and will make
Your failure
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
, one of the Justices of the
Court in If you answered "yes" for Item day then for each such20
County,
of
, unexhausted ground for relief, explain why
18.
17,
the available administrative remedies were not fully exhausted.
(Attorney must sign above and type name below)
19.
Attorney(s) for
If you were represented by an attorney during any of the following procedures, then state the name
and address of such attorney(s):
(a)
Your appearance before a United States Magistrate Judge?
Office and P.O. Address
Name
Address
(b)
Your arraignment and plea?
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
Name
Address
5
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
(c)
:
Plaintiff(s)
Address
-against-
(d)
Calendar No.
:
Your trial, if any?
Name
JUDICIAL SUBPOENA
:
Your sentencing?
Name
:
Address
(e)
Index No.
:
Your appeal, if any, from the judgment of conviction or the imposition of sentence?
Defendant(s)
:
. . . . . . . . . . . . . . . . . . . . . .Name . . . . . . . . . . . . . . . . . . . . . . . . . . . .
....
Address
(f)
Preparation, presentation or consideration of any petitions, motions or applications
with respect to this conviction,
THE PEOPLE OF THE STATE OF NEW YORK which you filed?
Name
TO
Address
20.
If you are seeking leave to proceed in forma pauperis , have you completed the sworn affidavit
setting forth the required information? (see instructions, page 1 of this form)
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 of
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
being first sworn under oath, presents that he/she
Your(Signature of petitioner) this subpoena is punishable as a contempt of court and will make you liable to
failure to comply with
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
has subscribed to the comply.
result of your failure to foregoing petition and does state that the information therein is true and correct to
the best of his/her knowledge and belief.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Signature of Affiant)
(Attorney must sign above and type name below)
SUBSCRIBED AND SWORN to before me this
day of
,
Attorney(s) for
Notary Public
My commission expires
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
6
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COURT
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......... ..
:
:
Index No.
Calendar No.
NOTARIZATION IS NOT NECESSARY IF THE
:
JUDICIAL
Plaintiff(s)
FOLLOWING STATEMENT IS COMPLETED
-against-
SUBPOENA
:
:
I declare under penalty of perjury that the foregoing is true and correct.
:
Executed on
Defendant(s)
:
......................................................
(Date)
(Signature)
THE PEOPLE OF THE STATE OF NEW YORK
TO
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 of
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
(Habeas-2241.wpd)
(9/01)
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,
, 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
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
7
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