Vi Vil VIN. 6n7 16 Preparing and Filing Petition Carolyn Wiggin |. REQUIREMENTS A. Use of Form Petition §16.1 B. Obtaining Forms §16.2 ©. Content §16.3 D. Verification §16.4 |. PROPER PARTIES A. Petitioner or "Next Friend” §16.5 B. Respondent §16.6 FILING THE PETITION A. Jurisdiction and Venue §16.7 B, Separate Petitions §16.8 C. Where to File; Copies §16.9 FEES A. InGeneral §16.10 B. Requests for In Forma Pauperis Status §16.11 DEFECTIVE OR FRIVOLOUS PETITIONS §16.12 PREFILING REVIEW OF IN FORMA PAUPERIS ACTIONS [Deleted] §16.13 ASSIGNMENT OF THE CASE §16.13A, JURISDICTION OF MAGISTRATE JUDGE = §16.13B . CHECKLIST: STEPS IN PREPARING AND FILING FEDERAL HABEAS CORPUS PETITION §16.14 . FORMS A. Form: Petition for Writ of Habeas Corpus by a Person in State Custody (Central District) (Form CV-69) §16.15 8. Form: Declaration in Support of Request to Proceed In Forma. Pauperis (Central District) (Form CV-69, Continued) §16.16§16.1 Appeals and Writs in Criminal Cases * 16-2 L REQUIREMENTS §16.1 A. Use of Form Petition Postconviction petitions for writs of habeas corpus, whether prepared by counsel or by a prisoner in pro per, must be substantially in the form annexed to the Rules Governing 28 USC §2254 Cases in the United States District Courts (Habeas Rules) or a form prescribed by a local district court rule. Habeas Rule 2(d). The petition must be printed, typewritten, or legibly handwritten and must be signed and sworn to by the petitioner or a person authorized to sign it for the petitioner. Habeas Rule 2(c). NOTE» Habeas Rules are found in Rules Governing 28 USC §2254 Cases in the United States District Courts. See App B. The following local rules of the federal district courts in California specify the form requirements for noncapital habeas petitions: CD Cal Local R 83-16.1; ED Cal Local R 190; ND Cal Habeas Local R 2254- 3(d)e); SD Cal Local R HC.2(b). Only the Central District now requires petitioners represented by counsel to use the locally prescribed form. The Northern and Southern Districts permit the filing of court-issued petitions as weil as forms that contain all the information required by the court’s form, ND Cal Habeas Local R 2254-3(d). SD Cal Local R HC.2(b). NOTE» Locally prescribed forms may have significant space limitations. Tf the space is inadequate to address relevant facts or complex legal issues, a petitioner may attach extra pages to the form and may also file a memorandum of points and authorities in support of the peti- tion. A district court should construe a prisoner’s pro se pleading as a habeas petition to the extent that it seeks habeas-type relief, although the prisoner might have designated the petition as something other than a habeas cor- pus petition, such as a federal civil rights action. Tyler v U.S. (9th Cir 1991) 929 F2d 451; Tucker v Carlson (9th Cir 1991) 925 F2d 330. §16.2 B. Obtaining Forms Form petitions for writs of habeas corpus are available from the clerks of the various federal district courts. The addresses and telephone numbers of the clerks’ offices in California are listed in §13.5. The form petitions are free. Habeas Rule 2(d). Websites for the Central, Northern and South- ern Districts of California also contain the form petition for each of those districts. en716-2.1 + Preparing and Filing Petition 916.3 ~~ §16.3 C. Content Under Habeas Rule 2(c), habeas petitions must + Specify all grounds for relief that are available to the petitioner; 6/5