JAN j 6 2010 - United States District Court

"Plan of the United States District Court for the Southern District of
Florida Pursuant to the Criminal Justice Act of 1964, as Amended."
Copies of the current plan are available in the Clerk1 Office.
Effective Dec. 1, 1994. Amended effective April 15, 2007.
Authority
(1993) Former Local Rule 17, updated.
Comment
(1993) Changes person charged with maintaining copies to Clerk of the
Court.
Rule 88.2 Petitions for Writs of Habeas Corpus Pursuant to 28 U.S.C. §
2241 and 28 U.S.C. § 2254, Motions Pursuant to 28 U.S.C. § 2255 and Civil
Rights Complaints Pursuant to Title 42 U.S.C. § 1983 and BivcnaBiverzs.
3rs-(a) The following petitions, motions, and complaints must substantially
follow the forms, if any, prescribed by the Court and obtained from the
Clerk of the Court upon request:
Petitions for writ of habeas corpus pursuant to 28 U.S.C. § 2241
(common law habeas corpus),
B-r(2) Petitions for writ of habeas corpus pursuant to 28 U.S.C. § 2254
(state prisoner attacking conviction),
Motions to Vacate pursuant to 28 U.S.C. § 2255 (federal prisoner
attacking conviction) ,
Civil rights complaints pursuant to 42 U.S.C. § 1983
(Constitutional deprivation under color of state law),
&r(5) Civil rights complaints pursuant to Bivens v. Six Unknown Federal
Narcotics Agents, 403 U.S. 388 (1971) (Constitutional deprivation under
color of federal law).
For A. C. (a) (1) - (3) above, an original and one (1) copy of the petition
or motion, signed under penalty of perjury by petitioner/movant or by a
person authorized to sign it for petitioner/movant, together with filing
fee, if any, shall be filed in the Clerk's Office. For P. E. (a) (4)- (5)
above, an original and one (1) copy of a civil rights complaint, plus one
(1) copy for each defendant, signed under penalty of perjury by plaintiff
or by a person authorized to sign it for plaintiff, together with the
filing fee, if any, shall be filed in the Clerk's Office.
3-^(b) When a petition, motion to vacate, or complaint is submitted in
forma pauperis, the petitioner/movant/plaintiff shall submit the form
"Application to Proceed Without Prepayment of Fees and Affidavit,'' which
may be obtained from the Clerk of the Court, or an affidavit which
substantially follows the form, and shall, under oath, set forth
information which establishes that he or she is unable to pay the fees
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