United States Court of Appeals for the Sixth 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 1. Use the attached form to file a Motion Under 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’s denying your motion. 3. Attach to your motion copies of the following documents: A. The § 2254 or § 2255 applications 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 judge’s reports and recommendations issued in all previous § 2254 or § 2255 applications that challenged the judgment or conviction or sentence you now want to challenge. 4. You must sign the motion in three places at the end of page 4. Your failure to sign the motion or to complete the Proof of Service may result in the Court’s 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’s 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. Your failure to serve the attorney general may result in the Court’s 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 may result in the Court’s denying your motion. 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 American LegalNet, Inc. www.FormsWorkflow.com United States Court of Appeals for the Sixth Circuit Name of Movant Prisoner Number Case Number (leave blank) Place of Confinement IN R E : , MOVANT 1. Name and location of court which entered the judgment of conviction from which relief is sought: 2. Parties’ Names: 3. Docket Number: vs. 4. Date Filed: 5. Date of judgment of conviction: 6. Length of sentence: 7. Nature of offense(s) involved (all counts): 8. What was your plea? (Check one) Not Guilty____ 9. If you pleaded not guilty, what kind of trial did you have? (Check one) Guilty____ Jury____ 10. Did you testify at your trial? (Check one) Nolo Contendere___ Judge only____ Yes____ 11. Did you appeal from the judgment of conviction? (Check one) Yes____ No____ No____ 12. If you did appeal, what was the Name of court appealed to: Parties’ names on appeal: vs. Docket number of appeal: Date of decision: Result of appeal: 13. Other than a direct appeal from the judgment of conviction and sentence, have you filed any other petitions, applica tions for relief, or other motions regarding this judgment in any federal court ? Yes No -2 American LegalNet, Inc. www.FormsWorkflow.com 14. If you answered “Yes” to question 13, answer the following questions: A. FIR S T PETITIO N , APPLIC A TIO N , O R MO TIO N (1) In what court did you file the petition, application, or motion? (2) What were the parties’ names? vs. (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? (6) Did the court hold an evidentiary hearing on your petition, application or motion? (7) What was the result? Relief granted____ Yes____ No____ Relief denied on the merits____ Relief denied for failure to exhaust____ Relief denied for procedural default____ (8) Date of court’s decision: B. SEC O N D PETITIO N , APPLIC A TIO N , O R MO TIO N (1) In what court did you file the petition, application, or motion? (2) What were the parties’ names? vs. (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? (6) Did the court hold an evidentiary hearing on your petition, application or motion? (7) What was the result? Relief granted____ Yes____ No____ Relief denied on the merits____ Relief denied for failure to exhaust____ Relief denied for procedural default____ (8) Date of court’s decision: -3 American LegalNet, Inc. www.FormsWorkflow.com C. TH IR D A N D SU BSEQU EN T PETITIO N S , APPLIC A TIO N S , O R MO TIO N S 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. PR IO R AP P E LLATE REV IEW (S ) Did you appeal the results of 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 Second petition, application, or motion Subsequent petitions, applications or motions Subsequent petitions, applications or motions Subsequent petitions, applications or motions Subsequent petitions, applications or motions Appeal No. Yes Appeal No. Yes Appeal No. Yes__ Appeal No. Yes Appeal No. Yes Appeal No. Yes No No No No No 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)Yes ___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,” why not? This Court will grant you authority to file in the district court only if you show that you could not have presented your present claims in your previous § 2254 or § 2255 application because . . . A. (For § 2255 motions only) the claims involve “newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable fact finder would have found [you] guilty”; or, B. (For § 2254 petitions only) “the factual predicate for the claim could not have been discovered previously through the exercise of due diligence” and “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 [you] guilty of the offense”; or, C. (For both § 2254 and § 2255 applicants) the claims involve “a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court [of the United States], that was previously unavailable.” -4 American LegalNet, Inc. www.FormsWorkflow.com I did not present the following claims in any previous petition, application, or motion for relief under 28 U.S.C. § 2254: I did not present the claims listed above in any previous petition, application, or motion because Movant prays that the United States Court of Appeals for the Sixth Circuit grant an Order Authorizing the District Court to Consider Movant’s Second or Successive Application for Relief Under 28 U.S.C. §§ 2254 or 2255. Movant’s Signature I declare under Penalty of Perjury that my answers to all questions in this Motion are true and correct. Executed on [date] Movant’s Signature PR O O F O F SE R V IC E A copy of this motion and all attachments must be sent to the state attorney general (§ 2254 cases) or the United States Attorney for the United States judicial district in which you were convicted (§ 2255 cases). I certify that on I mailed a copy of this motion and all attachments [date] to at the following address: Movant’s Signature -5 American LegalNet, Inc. www.FormsWorkflow.com