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RULE 9.1 HABEAS CORPUS, MOTIONS TO VACATE AND CIVIL RIGHTS COMPLAINTS BY PRISONERS

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(a) Use of Official Forms Required. The following filings must be in writing, signed, and verified (meaning sworn under penalty of perjury):

(1) petitions for writs of habeas corpus pursuant to 28 U.S.C. § 2241 and 28 U.S.C. § 2254;
(2) motions to vacate sentence pursuant to 28 U.S.C. § 2255; and
(3) motions to correct or reduce sentence pursuant to Fed. R. Crim. P. 35 by persons in custody pursuant to a judgment of a court. Such petitions, motions, and civil rights complaints by prisoners under 42 U.S.C. § 1983 and pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S. Ct. 1999, 29 L.Ed.2d 619 (1971), must be on forms approved by the court. Upon request, the clerk of the court will supply forms without charge.

(b) Required Information. Every petition, motion to vacate, and motion to correct or reduce sentence must contain the following information:
(1) petitioner's full name and prison number (if any); (2) name of the respondent;
(3) place of petitioner's detention;
(4) name and location of the court that imposed sentence; (5) case number and the offense or offenses for which sentence was imposed;
(6) the date on which sentence was imposed and the terms of the sentence;
(7) whether a finding of guilty was made after a plea of guilty, not guilty, or nolo contendere;
(8) in the case of a petitioner who has been found guilty following a plea of not guilty, whether that finding was made by a jury or a judge without a jury;
(9) whether petitioner appealed from his or her conviction or the imposition of sentence, and if so, the name of each court to which he or she appealed, the results of such appeals, and the date of such results;
(10) whether petitioner was represented by an attorney at any time during the course of the proceedings under which sentence was imposed, and the name(s) and address(es) of such attorney(s) and the proceedings in which petitioner was represented; whether the attorney was one of petitioner's own choosing or appointed by the court;
(11) whether a plea of guilty was entered pursuant to a plea bargain, and if so, the terms and conditions of the agreement;
(12) whether petitioner testified at trial (if any);
(13) whether petitioner has any petition, application, motion, or appeal currently pending in any court, and if so, the name of the court and the nature of the proceeding;
(14) whether petitioner has filed in any court, state or federal, previous petitions, applications, or motions with respect to this conviction; if so, the name and location of each such court, the specific nature of each proceeding, the disposition thereof, the date of each disposition, and citations (if known) of any written opinions or orders; and
(15) in concise form, the grounds upon which petitioner bases his or her allegations that he or she is held in custody unlawfully or his or her sentence is illegal, imposed in an illegal manner, or should be reduced; the facts that support each of the grounds; whether any such grounds have been previously presented to any court by petition, motion, or application; if so, which grounds have been previously presented and in what proceedings; and if any grounds have not been previously presented, which grounds have not been so presented and the reasons for not presenting them.

(c) Additional Information in Challenges of a State Conviction. A petitioner challenging a state conviction must supply the following additional information:

(1) if petitioner did not appeal from the judgment of conviction or imposition of sentence,
(2) the reasons why he or she did not do so, and
(3) a showing that he or she has exhausted his or her remedies in state court.

(d) Additional Information Required in Challenges to Federal Custody Pursuant to 28 U.S.C. § 2255. A petitioner in federal custody seeking a writ of habeas corpus or relief by motion pursuant to 28 U.S.C. § 2255 must provide the following additional information:

(1) the name of the judge who imposed sentence;
(2) in concise form, the grounds on which petitioner bases his or her allegation that the sentence imposed upon him or her is invalid; the facts that support each of the grounds; whether any such grounds have been presented to any federal court by way of petition for writ of habeas corpus, motion pursuant to 28 U.S.C. § 2255, or any other petition, motion, or application; if so, which grounds have been previously presented and in which proceedings; and if any grounds have not been previously presented, which grounds have not been so presented and the reasons for not presenting them;
(3) whether petitioner has filed in any court petitions for habeas corpus, motions pursuant to 28 U.S.C. § 2255, or any other petitions, motions, or applications with respect to the conviction; if so, the name and location of each such court, the specific nature of e a c h proceeding, the disposition thereof, the date of each such disposition, and citations, if known, of any written opinion or order entered therein or copies (if available) of such opinions or orders; and (4) if a previous motion pursuant to 28 U.S.C. § 2255 was not filed or if such a motion was filed and denied, the reasons petitioner's remedy by way of such motion was inadequate or ineffective to test the legality of his detention.

(e) All Grounds for Relief Required; Successive Petitions. Petitions and motions for post-conviction relief submitted pursuant to this rule must specify all grounds for relief available to the petitioner or movant and of which he or she has knowledge or, by the exercise of reasonable diligence, should have knowledge. Before filing a second or successive habeas corpus application, the applicant must file a motion, pursuant to 28 U.S.C. § 2244(b)(3), with the Tenth Circuit Court of Appeals for an order authorizing this court to consider the application. Absent such authorization from the Tenth Circuit Court of Appeals, the second or successive habeas corpus application must be dismissed.

(f) Information in Section 1983 Cases and Bivens

Cases. A prisoner who is a plaintiff in a civil rights action filed pursuant to 42 U.S.C. § 1983 must supply the f ollowing inf ormation :

(1) plaintiff 's full name;
(2) place of plaintiff's residence; (3) names of defendants;
(4) places of defendants' residences;
(5) title and position of each defendant;
(6) whether the defendants were acting under color of state law or as federal agents at the time the claim alleged in the complaint arose;
(7) a brief statement of the facts;
(8) the grounds upon which plaintiff bases his or her allegations that constitutional rights, privileges, or immunities have been violated, together with the facts that support each of those grounds;
(9) a statement of prior judicial and administrative relief sought; and
(10) a statement of the relief requested.

(g) Proceedings Without Prepayment of Fees, or In Forma Pauperis.

(1) In General. A pro se petitioner, movant, or plaintiff who tenders a petition, motion, or complaint for filing without prepayment of fees must:
(A) complete the motion f or leave to proc e e d wi t hout pre pa ym e nt of fe e s on the f orm supplied by the clerk;
(B ) complete a supporting affidavit on the form supplied by the clerk; and
(C) set forth information regarding his or her ability to prepay the costs and fees of the proceeding or give security therefor.
(2) Inmates.
(A) Where a petitioner, movant, or plaintiff is an inmate of a penal institution and desires to proceed without prepayment of fees, he or she must also submit a certificate executed by an authorized officer of the institution in which he or she is confined. The certificate must state the amount of money or securities on deposit to his or her credit in any account in the institution.
(B) The court may consider the certificate when it rules on the motion for leave to proceed without prepayment of fees.
(3) Service. If the court grants leave to proceed without prepayment of fees, the court may proceed under Fed. R. Civ. P. 4(d) to obtain waiver of service of summons on behalf of an inmate plaintiff. If waiver is not obtained, the court will order the United States Marshal or a Deputy United States Marshal to serve the summons and complaint.

(h) Tender of Pleadings to Clerk. Petitioners, movants, and plaintiffs need only submit the original petition, motion, or complaint to the clerk for filing. Additional copies are not required. If tendered for filing by mail, any petition, motion, or complaint must be addressed to:

Clerk of the United States District Court for the District of Kansas

490 U.S. Courthouse

444 Southeast Quincy

Topeka, Kansas 66683

(i) Failure to Comply With Rules. The clerk may return a petition, motion, or complaint that does not comply with this rule, together with a copy of this rule and a statement of the reason or reasons for its return. The clerk will retain one copy of each noncomplying document returned. If the clerk cannot tell whether a document complies with this rule, the document will be referred to the court for determination. The clerk will return the document if the court so directs.

(j) Filing and Docketing. When the clerk receives a petition, motion, or complaint complying with this rule that is tendered for filing without prepayment of fees, the clerk will:

(1) docket the petition, motion, or complaint;
(2) refer it to the court for further proceedings; and
(3) serve a copy of the petition or motion, together with a notice of its filing, on the Attorney General of the state involved or on the United States Attorney for the district in which the judgment under attack was entered. The filing without prepayment of fees of such petition, motion, or complaint does not require an answer or other responsive pleading unless the court orders otherwise.

(k) Case Management. All cases filed by a prisoner are exempt from requirements under the Federal Rules of Civil Procedure that mandate a scheduling order, Fed. R. Civ. P. 16(b); disclosure of information, Fed. R. Civ. P. 26(a); and a planning meeting between the parties or their attorneys, Fed. R. Civ. P. 26(f). But the court may impose any or all of these requirements if necessary to effectively manage an action.

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NOTE: This is a mandated rule. As amended 3/17/10, 2/27/98.