North Carolina CMD Local Instructions for filing a Petition Under 28 U.S.C. Sec. 2254 for a Writ of Habeas Corpus are specific guidelines to be followed when filing a petition with the North Carolina Middle District Court. These instructions are divided into three categories: Filing a Petition, Form of Petition, and Service of Petition. Filing a Petition: The petition must be filed in paper form in the Middle District of North Carolina. The filing fee of $5.00 must be paid at the time of filing. The petition must include the full name of the petitioner, the date of the offense, the court where the conviction took place, the name of the judge, and the name of the prosecuting attorney. Form of Petition: The petition must be typewritten or legibly printed in English. The petition must include the petitioner's name, date of birth, address, and phone number. It must also include the name of the court where the conviction took place, the date of the conviction, the name of the judge, the name of the prosecuting attorney, and the name of the correctional facility where the petitioner is currently held. Service of Petition: The petitioner must serve a copy of the petition on the attorney general of the state in which the conviction was rendered. The petitioner must also serve a copy of the petition on the prosecuting attorney of the court where the conviction took place. The petitioner must also serve a copy of the petition on the warden or superintendent of the correctional facility where the petitioner is currently held. These are the North Carolina CMD Local Instructions for filing a Petition Under 28 U.S.C. Sec. 2254 for a Writ of Habeas Corpus.
North Carolina CMD Local Instructions for filing a Petition Under 28 U.S.C. Sec. 2254 for a Writ of Habeas Corpus are specific guidelines to be followed when filing a petition with the North Carolina Middle District Court. These instructions are divided into three categories: Filing a Petition, Form of Petition, and Service of Petition. Filing a Petition: The petition must be filed in paper form in the Middle District of North Carolina. The filing fee of $5.00 must be paid at the time of filing. The petition must include the full name of the petitioner, the date of the offense, the court where the conviction took place, the name of the judge, and the name of the prosecuting attorney. Form of Petition: The petition must be typewritten or legibly printed in English. The petition must include the petitioner's name, date of birth, address, and phone number. It must also include the name of the court where the conviction took place, the date of the conviction, the name of the judge, the name of the prosecuting attorney, and the name of the correctional facility where the petitioner is currently held. Service of Petition: The petitioner must serve a copy of the petition on the attorney general of the state in which the conviction was rendered. The petitioner must also serve a copy of the petition on the prosecuting attorney of the court where the conviction took place. The petitioner must also serve a copy of the petition on the warden or superintendent of the correctional facility where the petitioner is currently held. These are the North Carolina CMD Local Instructions for filing a Petition Under 28 U.S.C. Sec. 2254 for a Writ of Habeas Corpus.