United States Court of Appeals for the Third Circuit INSTRUCTIONS FOR FILING MOTION UNDER 28 U.S.C. § 2244 FOR ORDER AUTHORIZING DISTRICT COURT TO CONSIDER SECOND OR SUCCESSIVE APPLICATION FOR RELIEF UNDER 28 U.S.C. §§ 2254 OR 2255 Permission must be obtained from the Court of Appeals before a party can file a second or successive habeas corpus petition under 28 U.S.C. § 2254 or motion to vacate under 28 U.S.C. § 2255. 1. Use the attached form to file a MOTION UNDER 28 U.S.C. § 2244 FOR ORDER AUTHORIZING DISTRICT COURT TO CONSIDER SECOND OR SUCCESSIVE APPLICATION FOR RELIEF UNDER 28 U.S.C. § 2254 OR § 2255. 2. Answer completely all the questions on the attached form. Your failure to provide complete answers may result in the Court denying your motion. 3. Attach to your motion copies of the following documents: A. The § 2254 or § 2255 application you want to file in the district court if the Court of Appeals grants your motion. B. All § 2254 or § 2255 applications you previously filed in any federal court challenging the judgment of conviction or sentence you now want to challenge. C. All court opinions and orders, final and interlocutory, disposing of the claims in your previous § 2254 or § 2255 applications that challenged the judgment of conviction or sentence you now want to challenge. D. All magistrate judges' reports and recommendations issued in all previous § 2254 or § 2255 applications that challenged the judgment of conviction or sentence you now want to challenge. 4. You must sign the motion in two places at the end of page 5. Your failure to sign the motion or to complete the Proof of Service on page 7 may result in the Court denying your motion. 5. You must file with the Court of Appeals the original and three copies of your motion and all documents attached to it. Your failure to provide the original and three copies may result in the Court denying your motion. 6. If your motion seeks relief under 28 U.S.C. § 2254, you must serve a copy of the motion and all documents attached to it on the attorney general of the state in which you are confined or the district attorney for the county in which you were convicted. Your failure to serve the attorney general may result in the Court denying your motion. 7. If your motion seeks relief under 28 U.S.C. § 2255, you must serve a copy of the motion and all documents attached to it on the United States Attorney for the federal judicial district in which you were convicted. Your failure to serve the United States Attorney may result in the Court denying your motion. American LegalNet, Inc. www.USCourtForms.com MOTION UNDER 28 U.S.C. § 2244 FOR ORDER AUTHORIZING DISTRICT COURT TO CONSIDER SECOND OR SUCCESSIVE APPLICATION FOR RELIEF UNDER 28 U.S.C. § 2254 OR § 2255 United States Court of Appeals for the Third Circuit Name of Movant Prisoner Number Case Number (leave blank) Place of Confinement IN RE: , MOVANT American LegalNet, Inc. www.USCourtForms.com 1. Name and location of court which entered the judgment of conviction from which relief is sought: 2. Parties'Names: 3. Docket Number: judgment of conviction: involved (all counts): vs. 4. Date Filed: 6. Length of sentence: 5. Date of 7. Nature of offense(s) 8. What was your plea? (Check one) 9 Not Guilty 9 Guilty 9 Jury 9 Yes 9 Yes 9 Nolo Contendere 9 Judge only 9 No 9 No 9. If you pleaded not guilty, what kind of trial did you have? (Check one) 10. Did you testify at your trial? (Check one) 11. Did you appeal from the judgment of conviction? (Check one) 12. If you did appeal, what was the Name of court appealed to: Parties'names on appeal: Docket number of appeal: Result of appeal: vs. Date of decision: 2 American LegalNet, Inc. www.USCourtForms.com 13. Other than a direct appeal from the judgment of conviction and sentence, have you filed any other petitions, applications for relief, or other motions regarding this judgment in any federal court? 9 Yes 9 No 14. If you answered "yes" to question 13, answer the following questions: A. FIRST PETITION, APPLICATION, OR MOTION (1) In what court did you file the petition, application, or motion? (2) What were the parties'names? (3) What was the docket number of the case? (4) What relief did you seek? (5) What grounds for relief did you state in your petition, application, or motion? vs. (6) Did the court hold an evidentiary hearing on your petition, application or motion? (7) What was the result? 9 Relief granted 9 Relief denied for failure to exhaust (8) Date of court' decision: s 9 Relief denied on the merits 9 Yes 9 No 9 Relief denied for procedural default B. SECOND PETITION, APPLICATION, OR MOTION (1) In what court did you file the petition, application, or motion? were the parties'names? number of the case? vs. (2) What (3) What was the docket (4) What relief did you seek? 3 American LegalNet, Inc. www.USCourtForms.com C. THIRD AND SUBSEQUENT PETITIONS, APPLICATIONS, OR MOTIONS For any third or subsequent petition, application, or motion, attach a separate page providing the information required in items (1) through (8) above for first and second petitions, applications, or motions. D. PRIOR APPELLATE REVIEW(S) Did you appeal any order regarding your petitions, applications, or motions to a federal court of appeals having jurisdiction over your case? If so, list the docket numbers and dates of final disposition for all subsequent petitions, applications, or motions filed in a federal court of appeals. First petition, application, or motion 9 Yes Second petition, application, or motion 9 Yes Subsequent petitions, applications or motions 9 Yes Subsequent petitions, applications or motions 9 Yes Subsequent petitions, applications or motions 9 Yes Subsequent petitions, applications or motions 9 Yes Appeal No. Appeal No. Appeal No. Appeal No. Appeal No. Appeal No. Date Date Date Date Date Date 9 No 9 No 9 No 9 No 9 No 9 No If you did not appeal from the denial of relief on any of your prior petitions, applications, or motions, state which denials you did not appeal and explain why you did not. 15. Did you present any of the claims in this application in any previous petition, application, or motion for relief under 28 U.S.C. § 2254 or § 2255? (Check one) 9 Yes 9 No 16. If your answer to question 15 is "yes," give the docket number(s) and court(s) in which such claims were raised and state the basis on which relief was denied. 17. If your answer to question 15 is "No," answer the following questions: A. State the claims which you