JAN j 6 2010 - United States District Court

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"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 72
and costs of the proceedings referenced above. Effective Dec. 1, 1994. Amended effective April 15, 2007. Authority (1993) Former Local Rule 18. Comment (1994) Revised to add Bivens actions, delete implication that federal prisoners can attack prison conditions in a petition pursuant to Title 28, United States Code, Section 2241, and requiring verification of certain petitions. (2010) Amended to conform tabulation to the style used in the federal rules of procedure. Rule 88.3. Certain Offenses Pertaining to Public Buildings A-;-(a) Covered Offenses. This Rule shall apply to petty offenses, as defined in 18 U.S.C. Scctionl 11, and to certain misdemeanors as shall be identified from time to time by the Court in collateral schedules. Collectively, these petty offenses and identified misdemeanors shall be referred to for purposes of this Rule as "covered offenses." B-r(b) Collateral and Mandatory Appearance. j^(l) covered offenses that are committed on or within the perimeter of Federally-owned or controlled buildings, for which collateral may be posted and forfeited in lieu of appearance by the person charged, together with the amount of collateral to be posted and offenses for which a mandatory appearance is required shall be in accordance with schedules which may from time to time be approved by the Court and filed with the Clerk of the Court. 2-r(2) Collateral may not be posted for any covered offense if the alleged violator has previously been convicted of any such offense. €t(c) Forfeiture of Collateral. Any person issued a violation notice for a covered offense for which collateral can be posted may, upon request of the issuing officer, post the required amount by placing cash, personal check or money order in the official violation notice envelope and, after sealing same, delivering it to authorized personnel at a designated office where a receipt will be given. All such envelopes received will be forwarded via mail each day, except for those containing cash which shall be personally delivered to the Clerk of the Court. a-=-(2) The posting of collateral shall signify that the offender does not wish to appear nor request a hearing before the Judge. Collateral so posted shall be forfeited to the United States and the proceedings shall be terminated. 73
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United States District Court Southe
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Administrative Order 94-51, In Re A
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e disclosed to the Clerk of the Cou
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Authority (1993) Former Local Rules
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compliance with the CM/ECF Administ
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Re: Repeal of Local Rule 5.2.D and
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and Court filings are matters of pu
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supplanting original electronic fil
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the date of any hearing held on the
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limitations. (2000) The addition of
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Page 79 and 80: Effective Dec. 1, 1994. Amended eff
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equired by Local Admiralty Rule B(5
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43-HC) Execution of Process. The ar
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Any order issued pursuant to this s
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(2) Involuntary Dismissal. If the C
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the "Request for Confirmation of Sa
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A concern was expressed about the p
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Publication of the Notice. Immediat
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Defendant. PROCESS OF ATTACHMENT
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Defendant. WARRANT FOR ARREST IN R
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(4) The vessel is currently berthed
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Attorney Name (Bar Number Typed Nam
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the Court to enter an Order directi
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THEREFORE, in light of the facts pr
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located and to be found at and desc
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Defendant. AFFIDAVIT (Foreign Attac
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B^-(B) Motions for judgment on the
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Effective Dec. 1, 1994; amended eff
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States Code, Section 636(b)(1)(B).
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) Plaintiff,) ) vs.) ) Defendant.)
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Rule 3. Retention of Membership in
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j— (i) Referral. Any District Jud
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Effective Dec. 1, 1994. Amended eff
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cause for such withdrawal is furnis
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Comments (1996) Section A. and B.2.
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Jurisdiction and Powers. (1) The Co
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Court shall issue an order requirin
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jfc-r (1) the procedure in that oth
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If after meeting with the attorney
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the reinstatement proceeding. Effec
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JAN j 6 2010 - United States District Court

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