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Wisconsin Petition for Writ of Habeas Corpus 1

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Wisconsin Petition for Writ of Habeas Corpus 1
Wisconsin Petition for Writ of Habeas Corpus 1
PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254
BY A PERSON IN STATE CUSTODY
INSTRUCTIONS---READ CAREFULLY
1. Use This Form If you are a person currently serving or will serve a sentence entered by a state court
and you are asking for relief from the conviction or the sentence.
Do Not Use This Form *IF YOU ARE CHALLENGING YOUR FEDERAL CONVICTION OR
SENTENCE. INSTEAD, USE THE FORM ENTITLED “MOTION UNDER 28 U.S.C. § 2255 TO
VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY.” IF 28
U.S.C. § 2255 IS INADEQUATE OR INEFFECTIVE TO TEST THE LEGALITY OF YOUR DETENTION,
USE THE FORM ENTITLED “APPLICATION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28
U.S.C. § 2241 BY A PERSON IN CUSTODY.
*IF YOU ARE A PRETRIAL DETAINEE CHALLENGING YOUR PRE-CONVICTION CUSTODY, A
FEDERAL PRISONER CHALLENGING THE EXECUTION OF YOUR SENTENCE OR AN ACTION
TAKEN BY THE BUREAU OF PRISONS, OR A PERSON IN CUSTODY CHALLENGING AN
IMMIGRATION-RELATED ORDER (OTHER THAN A REMOVAL ORDER), OR IN OTHER
SITUATIONS WHERE RELIEF IS NOT AVAILABLE UNDER 28 U.S.C. § 2254 OR 28 U.S.C. § 2255,
OR IF 28 U.S.C. § 2255 IS INADEQUATE OR INEFFECTIVE TO TEST THE LEGALITY OF YOUR
DETENTION, USE THE FORM ENTITLED “APPLICATION FOR WRIT OF HABEAS CORPUS
PURSUANT TO 28 U.S.C. § 2241 BY A PERSON IN CUSTODY.”
2. ReadableYou may either type or neatly handwrite the information on the following form. It must be
readable.
3. Signed Under Penalty of Perjury To submit your petition, it must be signed. Your signature
indicates that the petition is signed "under penalty of perjury.” This means that any false statement of
a material fact presented in your petition may serve as a basis for prosecution and conviction for perjury.
Your signature does not have to be witnessed by a notary public. The petition may also be signed by
a person authorized to sign it for you, such as an attorney.
4. Copies and Proper Court – When the petition is fully completed, you must mail the original to: Clerk
of Court, United States District Court for the Eastern District of Wisconsin, 517 East Wisconsin Avenue,
Milwaukee, WI 53202.
5. All Grounds You must include all grounds for relief in this petition and the facts supporting each
ground for relief. If you fail to do so, you may be prevented from presenting additional grounds at a later
date.
6. Legal Citations and Arguments – You must answer all applicable questions. However, you should
not cite to legal authorities (i.e., case law or statutes) on this form. If you submit a supporting
memorandum in addition to this form, it must not exceed fifteen (15) pages. Excess pages will not be
considered.
7. Fee You must either (a) pay the filing fee of $5.00 or (b) if you do not have the $5.00, you may
request permission to proceed in forma pauperis (as a poor person), in which event you must complete
and sign the petition and affidavit attached to this petition and have an authorized officer at the penal
institution complete and sign the attached certificate. You must also have an authorized officer attach
a printout of your prison trust account statement activity for the six months prior to the filing of your
petition.
8. Green Bay Correctional Institution and Waupun Correctional Institution Inmates You must
submit all correspondence and case filings, including the habeas petition and any in forma pauperis
petition, to institution staff for filing pursuant to the Prisoner E-Filing Program.
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§ 2254 June 2013
Wisconsin Petition for Writ of Habeas Corpus 1
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