COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : UNITED STATES DISTRICT COURTJUDICIAL SUBPOENA FOR THE Plaintiff(s) NORTHERN DISTRICT OF FLORIDA -against- : INSTRUCTIONS FOR PERSONS IN FEDERAL CUSTODY FOR FILING A MOTION : TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 : Pro se § 2255 motions will not be considered by the Court unless this § 2255 form has been completed by the movant/defendant as explained below. Defendant(s) : ...................................................... Explanation and Instructions – Read Carefully 1. This motion must be legibly handwritten or typewritten, and signed by the movant under the penalty of THE PEOPLEfalseTHE STATEaOF NEWfact may serve as the basis for prosecution and conviction for perjury. perjury. Any OF statement of material YORK All questions must be answered concisely in the proper space on the form. TO 2. You must include all grounds for relief and a summary of facts supporting each ground raised, as claims raised later may be barred. You may submit additional pages to explain the facts which you rely upon to support your grounds for relief. GREETINGS: of authorities need be furnished. If briefs or arguments are submitted, they should be submitted 3. No citation in the form of a separate memorandum not to exceed 25 pages in length absent prior leave of court. The form WE completed. must still be COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court 4. Generally, motions filed pursuant to § 2255 must be filed within one year from the date your conviction located at County of 2255 for specific details on the statute of limitations that inbecomes final. Referthe the text of title 28 U.S.C. ,§20 room , on to day of , at o'clock in the noon, and at any recessed applies to these motions. or adjourned date, to testify and give evidence as a witness in this action on the part of the 5. If you have previously filed a § 2255 motion regarding the conviction or sentence challenged in the instant motion, authorization for a second or successive motion to vacate must be obtained from the Eleventh Circuit Court of Appeals. See 28 U.S.C. § 2244(b)(3). Forms for requesting such authorization may be obtained from Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to this court or the Eleventh Circuit. 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. 6. When the motion is fully completed, the original and two copies must be mailed to the Clerk of the United States District Court in the division in which you were convicted: Witness, Honorable Tallahassee Division Court Clerk, U.S District Court in County, 111 N. Adams St. Tallahassee, FL 32301-7717 Gainesville Division day of U.S District, Court 20 Clerk, 401 SE First Ave., Room 243 Gainesville, FL 32601 , one of the Justices of the Pensacola OR Panama City Division Clerk, U.S District Court 1 N. Palafox St., Room 226 Pensacola, FL 32502-5658 (Attorney must sign above and type 7. Upon receipt, the motion will be filed if it is in the proper order. No filing fee is required. name below) 8. While this case is pending, you must immediately file a notice of address change with the Court upon transfer or release. Failure to notify the Court of a new address may result in dismissal of the case for failure to Attorney(s) for prosecute. 9. Once the Court has ordered a response and counsel for the government has appeared, any documents sent to the Court must also be sent to counsel as reflected in a certificate of service showing the date the document or copy was mailed. Failure to include a certificate of service may result in a document being returned to you Office and P.O. Address without filing. Revised 07/02 Telephone No.: 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 FOR THE NORTHERN DISTRICT OF FLORIDA JUDICIAL SUBPOENA Plaintiff(s) -against: MOTION BY A PERSON IN FEDERAL CUSTODY TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 : Division UNITED STATES DISTRICT COURT Name of Movant/Defendant : Prisoner No. Defendant(s) : ...................................................... Case No. Place of Confinement (including address) THE PEOPLE OF THE STATE OF NEW YORK UNITED STATES OF AMERICA v. (name under which convicted) TO MOTION 1. Na m e an d loca tion of cou rt which en tered the judgm ent of con viction u nde r attac k: GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 2. Da te of judgm ent of con viction: , the Honorable at the Court located at County of 3. Length of se nten ce: in room , on the day of , 20 , at o'clock in the noon, and at any recessed or4. Na ture o date, nse involved (all counts ): adjourned f offe 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 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. 5. W hat was your plea? (Check one) Witness, (a) No t Gu ilty Honorable G Court in Guilty County, (b) G day (c) Nolo contendere G , one of the Justices of the of , 20 If you en tered a guilty plea to one co unt or indictm ent, and n ot a guilty plea to anoth er co unt or indictm ent, (Attorney must sign above and type name below) give details: Attorney(s) for 6. If you pleaded not guilty, what kind of trial did you have? (Check one) (a) Jury G (b) Judge only G 7. D id you testify at th e trial? Yes G No G Office and P.O. Address 1 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 8. D id you appeal from the jud gm ent of convictio n to the Eleventh Circuit Court of Appeal? : JUDICIAL SUBPOENA Plaintiff(s) Yes G No G -against- : 9. If you did appeal, answer the following: (a) Resu lt: : (b) Date of result and m and ate: : Defendant(s) : 10. Did you file a petition for rehearing? . . . . . . . . Yes . .G .No . .G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .. . 11. If you did file a petition for rehearing, pro vide the da te and res ult of the petition: THE PEOPLE OF THE STATE OF NEW YORK 12. TO Did you file a petition for certiorari review? Yes G No G 13. If you did file a petition for certiorari review, provide the date and re sult of the petition: GREETINGS: WE COMMAND YOU, post-conviction and excuses being laid aside, you and each of you attend before 14. Have you previously filed anythat all business petitions, applications or motions, including previous , the Honorable Court § 2255 motions, with respect to this judgment at the federal court? in any No G located at County ofYes G in15. If your answeron the was “yes,” of the following information: room , to 14 day give , 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) (1) N am e of c ourt: (2) N ature of pro cee ding: 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. (3) G roun ds ra ised: Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) (4) Did you receive an evidentiary hearing on your petition, application or motion? Attorney(s) for Yes G No G (5) R esu lt: (6) D ate of result: Office and P.O. Address (b) If you filed more than one such petition, please include the same information requested in 11(a) on a sep arate sheet of pap er. 2 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. (c) Did you appeal, to an appellate federal court having jurisdiction, the result of action taken : JUDICIAL SUBPOENA Plaintiff(s) on your petition, application or motion? (1) First petition, etc. Yes G No G : -against(2) Second petition, etc. Yes G No G : (d) If you did not appeal from the adverse actio n of an y petition , applicatio n or m otio n, explain brie fly : why you did no t: Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK 16. State concisely every ground on which you claim that you are being held in violation of the constitution, laws or treaties of the United States. Summ arize briefly the facts sup porting ea ch g roun d. If TO necessary, you may attach pages stating additional grounds and facts supporting the same. Caution: If you fail to set forth all grounds in this motion, you may be barred from presenting additional grounds at a later date. GREETINGS: A. Groun d on e: 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 Supporting FACTS (state briefly withou t citing ,ca ses or at in room , on the day of 20 , law): 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 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 Groun d two : County, B. in , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Supporting FACTS (state briefly withou t citing ca ses or law): Attorney(s) for Office and P.O. Address 3 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : C. Groun d thre e: : Plaintiff(s) -against- Calendar No. JUDICIAL SUBPOENA : Supporting FACTS (state briefly withou t citing ca ses or law): : : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK D. TO Groun d fou r: Supporting FACTS (state briefly withou t citing ca ses or law): 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 Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to 17. As to the grounds listed in 16A, B, C, and D, explain whether any grounds were previously presented, the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result for your failure to comply. and of those that were not previously presented, state briefly your reaso ns fo r not presenting them : Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) 18. Do you have any petition or appeal now pending in any court as to the judgment under attack? Yes G No G 19. Do you have any future sentence to serve after you complete the sentence imposed by the judgment Attorney(s) for under attack? Yes G No G (a) If so , give nam e an d loca tion of cou rt which im pos ed s ente nce to be served in the futu re: Office and P.O. Address 4 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : (b) G ive date and leng th of the ab ove sen tenc e: Plaintiff(s) Calendar No. JUDICIAL SUBPOENA (c) Have you filed, or -againstdo you contemplate filing, any petition attacking the judgment which imposed : the sentence to be served in the future? Yes G No G : 16. W hat relief do you request from this Court? : Defendant(s) : ...................................................... THE PEOPLE OF THE STATEthat the Co urt grant the relie f to which he or s he m ay be entitle d in this W herefore, m ovant prays OF NEW YORK proceeding. TO GREETINGS: Sig nature of Attorney (if any) 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 I declare under penalty or give evidence foregoing is true and correct. Executed on: or adjourned date, to testify and perjury that theas 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 on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result (Date) failure to comply. of your Signature of M ovant/Defenda nt Witness, Honorable Court in County, , one of the Justices of the day of , 20 IF MAILED BY PRISONER: (Attorney must sign above and type name below) I declare or state under pena lty of perjury that this petition was (check one): G delivered to prison officials for mailing, or G deposited in the prison’s internal mail system on: (date). Attorney(s) for Signature of M ovant/Defenda nt Office and P.O. Address Revised 07/02 5 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com