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In re Petition under 28 USC § 2254 for Writ of Habeas Corpus by a Person in State Custody

September 16, 2008

PETITION UNDER 28 USC § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY


(If petitioner is attacking a judgment which imposed a sentence to be served in the future, petitioner must fill in the name of the state where the judgment was entered. If petitioner has a sentence to be served in the future under a federal judgment which he wishes to attack, he should file a motion under 28 U.S.C. § 2255, in the federal court which entered the judgment.)

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY

Instructions--Read Carefully

(1) This petition must be legibly handwritten or typewritten, and signed by the petitioner under penalty of perjury. Any false statement of a material fact may serve as the basis for prosecution and conviction for perjury. All questions must be answered concisely in the proper space on the form.

(2) If you have more than 4 grounds for relief, you may attach pages with the remaining grounds; however, the format of the attached pages must be the same as the petition and you must provide only a brief statement of facts. No citation to legal authority is required. A brief or memorandum in support of the petition may also be attached; however, the form petition must be complete in itself and may not simply refer to the attachments.

(3) Upon receipt of a fee of $5 your petition will be filed if it is in proper order.

(4) If you do not have the necessary funds for transcripts, counsel, appeal and other costs connected with a petition of this type, you may request permission to proceed in forma pauperis , in which event you must execute form AO-240 or other form required by the court, setting forth information establishing your inability to pay the costs. If you wish to proceed in forma pauperis , you must have an authorized officer at the penal institution complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.

(5) Only judgments entered by one court may be challenged in a single petition. If you seek to challenge judgments entered by different courts either in the same state of in different states, you must file separate petitions as to each court.

(6) You must include all grounds for relief and all facts supporting such grounds for relief in the petition you file seeking relief from any judgment of conviction.

(7) When the petition is fully completed, the original and at least two copies must be mailed to the Clerk of the United States District Court whose address is Clerk, U.S. District Court 2500 Tulare Street, Suite 1501 Fresno, California 93721

(8) Petitions which do not conform to these instructions will be returned with a notation as to the deficiency.

(Revised 2/15/06)

(Rev. 5/85)

PETITION UNDER 28 USC § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY

United States District Court District

Prisoner No. Case No.

Confinement

f Petitioner (include name under which convicted) Name of Respondent (authorized person having custody of petitioner)

V.

attorney General of the State of:

PETITION

Name and location of court which entered the judgment of conviction under attack

Date of judgment of conviction Length of sentence Nature of offense involved (all counts)

What was your plea? (Check one)

(a) Not guilty G

(b) Guilty G

(c) Nolo contendere G

If you entered a guilty plea to one count or indictment, and a not guilty plea to another count or indictment, give details:

If you pleaded not guilty, what kind of trial did you have? (Check one)

(a) Jury G

(b) Judge only G

Did you testify at the trial? Yes G No G

Did you appeal from the judgment of ...


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