COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : UNITED STATES DISTRICT COURT FOR THE JUDICIAL SUBPOENA Plaintiff(s) NORTHERN DISTRICT OF FLORIDA -against- : INSTRUCTIONS FOR FILING A 28 U.S.C. § 2254 : PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN CUSTODY PURSUANT TO A STATE COURT JUDGMENT : Pro se § 2254 motions will Defendant(s) not be considered by the Court unless this : . . . . . . . . . § .22545 .form. has. been. completed .by . . . .movant/petitioner as explained below. . . . . . . . . . . . . . . . . . . . . . . . . . . . the . . . . . . . . Explanation and Instructions – Read Carefully THEPro se § 2254 THE STATEnot be considered by the Court unless this § 2254 form has been completed 1. PEOPLE OF petitions will OF NEW YORK by the petitioner as explained in these instructions. TO 2. The petition must be legibly handwritten or typewritten, and signed under penalty of perjury by the petitioner. Any false statement of a material fact may serve as the basis for prosecution for perjury. All questions must be answered concisely in the proper space on the form. GREETINGS: must be accompanied by a $5.00 filing fee or a completed form application to proceed in forma 3. The petition pauperis. If either your average account balance or the average monthly deposits into your account is $25.00 or more, youCOMMAND YOU, that all business and excuses being laid aside, you and each of you attend before WE will be unable to proceed in forma pauperis. , the Honorable at the Court 4. The petition must include all available grounds for relief and a summary of specific facts supporting each located at may be barred in the future, see item 7 below). Petitioner may County of ground raised (claims not raised in this petition insubmit additional ,pages if necessary to explain the, facts, butat room on the day of 20 , must answer all questions innoon, and at any recessed o'clock in the the proper space oron the form itself. testify and argument or citation of authority action on thein the petition. A separate adjourned date, to No legal give evidence as a witness in this is required part of the memorandum of law may be submitted, but it may not exceed 25 pages in length absent prior leave of Court. 5. When the petition is completed, mail the original and two identical copies (including any exhibits) to the division Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to office closest to the state court of conviction. the party on whoseDivisionthis subpoenaGainesville Division behalf was issued for a maximumPensacola OR Panama damages sustained as a penalty of $50 and all City Division Tallahassee result of your failure to Court comply. Clerk, U.S District Clerk, U.S District Court Clerk, U.S District Court 111 N. Adams St. Tallahassee, FL 32301-7717 Witness, Honorable 401 SE First Ave., Room 243 Gainesville, FL 32601 1 N. Palafox St., Room 226 Pensacola, the 32502-5658 , one of FL Justices of the Court in is a one year period of limitations applicable to20 2254 petitions, see 28 U.S.C. § 2244(d). County, day of , § 6. There 7. If you previously filed a § 2254 petition challenging the same conviction or sentence, authorization for filing a second or successive § 2254 petition must be obtained from the Eleventh Circuit Court of Appeals. See 28 (Attorney must sign above and type name U.S.C. § 2244(b)(3). Authorization forms may be obtained from this court or the Eleventh Circuit.below) 8. After receiving notice of your case number from the Clerk, you must include the case number on all documents you submit to the Court. You must keep a copies of every document as you are not entitled to free replacement copies from the Clerk even if you are proceeding Attorney(s) for in forma pauperis. As long as your case is pending, it is your responsibility to immediately notify the Court and opposing counsel, in writing, of any change of address. Failure to do so could result in dismissal of your case. 9. The respondent is not required to respond to the petition unless ordered by the Court, and default is not appropriate in habeas corpus proceedings. Once the CourtOfficeordered a Address and counsel for has and P.O. response respondent has appeared in the case, any documents sent to the Court must also be sent to counsel as reflected in a certificate of service showing the date that a copy was served or mailed. Failure to include a certificate of service may result in a document being returned to you without filing. Revised 03/03 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) -againstPETITION UNDER 28 U.S.C. § 2254: BY A PERSON IN CUSTODY PURSUANT TO A STATE COURT JUDGMENT : Division: UNITED STATES DISTRICT COURT Name of Petitioner: Prisoner No.: : Defendant(s) : ...................................................... Case No. (to be assigned by Clerk): Place of Confinement (include address): THE PEOPLE OF THE STATE OF NEW YORK NAME OF PETITIONER v. TO(include aliases) NAME OF RESPONDENT (authorized person having custody of petitioner) ATTORNEY GENERAL OF THE STATE OF: GREETINGS: (State in which challenged judgment was entered) WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before PETITION , the Honorable at the Court located at County of 1. Name and location (circuit and county) of court which entered the judgment of conviction/sentence in room , on the day of , 20 , at o'clock in the noon, and at any recessed orund er attack : adjourned date, to testify and give evidence as a witness in this action on the part of the 2. Da teYour failure to onviction/sente nce ): of judgm ent (c 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 3. Len your sen tenc comply. result of gth offailure toe: 4. Na ture o f offe nse involved (all counts ): Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) 5. W hat was your plea? (Check one) (a) No t Gu ilty G (b) Guilty G (c) Nolo contendere G Attorney(s) for 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. 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, : JUDICIAL SUBPOENA Plaintiff(s) give details: -against- : : : 6. If you pleaded not guilty, what kind of trial did you have? (Check one) (a) Jury G Defendant(s) : (b) J udge only G ...................................................... 7. D id you testify at th e trial? Yes G No G THEDid you appeal fromSTATE OF NEW YORK 8. PEOPLE OF THE the judgment of conviction? Yes G No G TO 9. If you did appeal, answer the following: (a) Nam e of C ourt: GREETINGS: (b) Resu lt: WE COMMAND YOU, that all business citation , if kno wn): (c) Date of opinion an d m and ate (inc lude So.2 d 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 (d) Did you file a testify for give evidence as a witness in this action on the part of the or adjourned date, to petitionand rehearing? Yes G No G If yes, give the result an d da te of the res ult: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whosepetition thiswrit of certiorari? (e) Did you file behalf for subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Yes G No G If yes, give the result an d da te of the res ult: Witness, Honorable Court in County, , one of the Justices of the day of , 20 10. O ther than the direct appea l, have you previou sly filed any petitions, applications , or m otions with respect to this judgment in state court? Yes G No G (Attorney must sign above and type name below) 11. If your answer to 10 was “yes,” give the following information: (a) (1) N am e of c ourt: Attorney(s) for (2) D ate filed: (3) N ature of pro cee ding (Fla.R .Crim .P. 3.850, habe as c orpu s, etc.): Office and P.O. Address 2 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : (4) G roun ds ra ised: Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : : Defendant(s) : ...................................................... (5) Did you receive an evidentiary hearing on your petition, application or motion? Yes G No G THE PEOPLE OF THE STATE OF NEW YORK (6) R esu lt: TO (7) D ate of result: (b) Did you ap pea l the res ult? Yes G No G GREETINGS: If yes, give the result an d da te of the op inion and m and ate (inc lude So.2 d citation , if kno wn): 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 (c) in room If you did, not the eal the resu lt, explain briefly why ,you did not: on app 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 12. Did you file any other petitions or motions in state court aside from those described above? the party on whoseNo G this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Yes G behalf result of your failure to comply. If yes, set forth on a separate sheet of paper the same information (as requested in 11(a)-(c)) as to the other petitions or motions. Witness, Honorable , one of the Justices of the Court Have you previously filed a § 225 4 petition, or other 20 County, day of , pleading regarding the validity of your state court 13. in con finem ent, in any federal court? Yes G No G (Attorney must sign above and type name below) If yes, provide the nam e of the court, case nu m ber, and result (including the result of any appeal): 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. Calendar No. 14. In the spaces below, set forth all grounds on which you claim :that you are being held in violation of the JUDICIAL SUBPOENA Plaintiff(s) Cons titution, laws or treaties of the United States. You m ust provide a sum m ary of spe cific facts in support of each ground raised. Even if you file a separate mem orandum of law, the facts must be set -against: forth on this petition form. If necessary, you may attach pages setting forth additional grounds and sup porting fac ts. : Caution: If you fail to set forth all grounds in this petition, you may be barred from presenting : additional grounds at a later date. Defendant(s) : . .A.. . . . . Groun d .on.e: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... . . Supporting FACTS (state briefly withou t citing ca ses or law): 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 ofDid you raise this claim in state court by direct appeal, 3.850 motion, or otherwise? Yes the No G in room , on G day of , 20 , at o'clock in the noon, and at any recessed If yes, ex to testify and give ised; if no as a witness in was not raised:the part of the or adjourned date, plain how it was ra evidence ex plain w hy it this action on 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 B. Groun d two : result of your failure to comply. Witness, Honorable Court in County, Supporting FACTS (state briefly withou t citing ca ses or law): day of , one of the Justices of the , 20 (Attorney must sign above and type name below) Attorney(s) for Did you raise this claim in state court by direct appeal, 3.850 motion, or otherwise? Yes G No G 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. Calendar No. If yes, ex plain how it was ra ised; if no ex plain w hy it was not raised: : JUDICIAL SUBPOENA Plaintiff(s) -against- : : C. Groun d thre e: : Defendant(s) : . . . . . . . . Supporting . . . . . . .(state .briefly. withou t. citing.ca.ses. or. law): . . . . . . . . . FACTS . . . . . . . . . . . . . . . . . . . . . . . THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: Did you raise this claim in state court by direct appeal, 3.850 motion, or otherwise? WE COMMANDNo G that all business and excuses being laid aside, you and each of you attend before Yes G YOU, , the Honorable ex plain how it was ra ised; if no ex plain w hy it was not raised: at the Court If yes, 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 D. Groun d fou r: 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. briefly withou t citing ca ses or law): Supporting FACTS (state 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 Did you raise this claim in state court by direct appeal, 3.850 motion, or otherwise? Yes G No G If yes, ex plain how it was ra ised; if no ex plain w hy it was not raised: Office and P.O. Address 5 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : E. Index No. Calendar No. Set forth additional grounds, if any, on sepa rate sheets of: pap er. JUDICIAL SUBPOENA Plaintiff(s) -against- : 15. What relief do you seek from this Court if your § 2254 petition is granted? : : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK W herefore, petition er pra ys th at th e C ourt grant all relie f to which he or s he m ay be entitle d in this proceeding. 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 Sig nature of Attorney (if any) 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 I declare (or certify, verify, or state ) und er pe nalty or perjury that the foregoing is true and correct. Executed on: 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. ________________________ (Date) Witness, Honorable Court in County, __________________________________________ Signature ,of PetitionerJustices of the one 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 Petitioner Office and P.O. Address Revised 07/02 6 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com