United States Court of Appeals for the Sixth Circuit MOTION UNDER 28 U.S.C. § 2244 FOR LEAVE TO FILE A SECOND OR SUCCESSIVE HABEAS CORPUS PETITION UNDER 28 U.S.C. §2254 BY A PERSON IN STATE CUSTODY Case Number (to be provided by the court): Name: Prisoner Number: Place of Confinement: Instructions (1) Purpose. Use the attached form to file a motion under 28 U.S.C. § 2244 for an order authorizing the district court to consider a second or successive petition under 28 U.S.C. § 2254.* If the district court transferred your petition or motion to this court and you do not feel that you should be required to obtain prior authorization, you must still complete this form. You may, however, attach an additional statement explaining to the court why you oppose the transfer. (2) Form. You must answer all questions completely and concisely in the proper space on the form. Attach additional pages if necessary to list all of your claims and the facts upon which you rely to support those claims. Your failure to provide complete answers may result in the court of appeals denying your motion for authorization. Standard of Review. In accordance with the Antiterrorism and Effective Death Penalty Act of 1996, as codified at 28 U.S.C. § 2244(b), before authorization to file a second or successive petition can be granted by the United States Court of Appeals, the movant must make a prima facie showing that he or she satisfies either of the following conditions found in 28 U.S.C. § 2244(b)(2): Page - 1 - (3) S/S 2254 Authorization May 2017 American LegalNet, Inc. www.FormsWorkFlow.com (A) The claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the United States Supreme Court, that was previously unavailable; or (B)(i) The factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and (ii) The facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable fact finder would have found the applicant guilty of the underlying offense. Pursuant to 28 U.S.C. § 2244(b)(1), the court will not consider claims that were presented in a prior 28 U.S.C. § 2254 petition. (4) Attestation. You must sign the motion at the end of page 9. Failure to sign the motion for authorization may result in the court of appeals denying your motion. Copies. If they are reasonably available, you must file with your motion the magistrate judge's report and recommendation and the district court's opinion from your prior 28 U.S.C. § 2254 proceedings. No Filing Fee. There is no fee for filing a motion under 28 U.S.C. § 2244 for an order authorizing the district court to consider a second or successive petition under 28 U.S.C. § 2254. Filing. When this motion for authorization is fully completed, mail the original (with all documents attached) to the below address. The court of appeals will serve your motion and attachments on the appropriate state Attorney General using the electronic case filing (ECF) system. (5) (6) (7) Sixth Circuit Court of Appeals Clerk's Office Room 540, Potter Stewart U.S. Courthouse 100 E. Fifth Street Cincinnati, OH 45202 S/S 2254 Authorization May 2017 American LegalNet, Inc. www.FormsWorkFlow.com Page - 2 - MOTION UNDER 28 U.S.C. § 2244 FOR LEAVE TO FILE A SECOND OR SUCCESSIVE HABEAS CORPUS PETITION UNDER 28 U.S.C. § 2254 BY A PERSON IN STATE CUSTODY A. STATE COURT PROCEEDINGS 1. (a) Name and location of the court that entered the judgment of conviction under attack: (b) 2. 3. 4. Case number: Date of judgment of conviction: Length of sentence: Offense or offenses for which you were convicted: 5. 6. Did you appeal the conviction and sentence? YES NO If you appealed, give the name of court, the result, and the date of the result: B. PRIOR FEDERAL HABEAS CORPUS PROCEEDINGS 7. Have you previously filed a habeas corpus petition or other application for collateral relief in any federal court related to this conviction and sentence? YES NO If "yes," how many? If more than one, attach a separate page providing the information required in items 7(a) through 7(g) for the additional petitions, applications, or motions. S/S 2254 Authorization May 2017 American LegalNet, Inc. www.FormsWorkFlow.com Page - 3 - As to the first federal petition, give the following information. (a) Name of court: (b) Case number: (c) Nature of proceeding: (d) Claims raised (list all claims, using extra pages if necessary): (e) Result and date of result: (f) Did you appeal? YES NO (g) If you appealed, give the result and the date of the result: S/S 2254 Authorization May 2017 American LegalNet, Inc. www.FormsWorkFlow.com Page - 4 - C. PROPOSED CLAIMS IN CURRENT MOTION FOR AUTHORIZATION 8. State concisely the claim (or claims) that you now wish to raise. Summarize briefly the facts supporting each ground. Claim One: Supporting FACTS (tell your story briefly without citing cases or law): Was this claim raised in a prior federal petition, application, or motion? YES NO YES NO Does this claim rely on a "new rule of constitutional law"? If "yes," state the new rule of law (give case name and citation): S/S 2254 Authorization May 2017 American LegalNet, Inc. www.FormsWorkFlow.com Page - 5 - Does this claim rely on newly discovered evidence? YES NO If "yes," briefly state the new evidence and why it was not previously available: Claim Two: Supporting FACTS (tell your story briefly without citing cases or law): Was this claim raised in a prior federal petition, application, or motion? YES S/S 2254 Authorization May 2017 NO Page - 6 - American LegalNet, Inc. www.FormsWorkFlow.com Does this claim rely on a "new rule of constitutional law"? YES NO If "yes," state the new rule of law (give case name and citation): Does this claim rely on newly discovered evidence? YES NO If "yes," briefly state the new evidence and why it was not previously available: Claim Three: S/S 2254 Authorization May 2017 American LegalNet, Inc. www.FormsWorkFlow.com Page - 7 - Supporting FACTS (tell your story briefly without citing cases or law): Was this claim raised in a prior federal petition, application, or motion? YES NO YES NO Does this claim rely on a "new rule of constitutional law"? If "yes," state the new rule of law (give case name and citation): Does this claim rely on newly discovered evidence? YES NO If "yes," briefly stat