A. Scope. These rules shall apply in the United States District Court, Western
District of Pennsylvania, in all proceedings initiated by federal prisoners under 28
U.S.C. § 2241. In filings submitted to this Court, these Local Rules shall be cited
as "LCvR 2241.__." In addition to these rules, all parties also should consult the
applicable provisions of the federal habeas corpus statute at 28 U.S.C. §§ 2241-
2266, as amended by the Antiterrorism and Effective Death Penalty Act of 1996
("AEDPA"), P.L. 104-132, effective April 24, 1996.
B. The Petition.
1. Naming the Respondent. If the petitioner is currently serving a
sentence imposed by a federal Court and he or she is challenging the
execution of his or her sentence, petitioner must name as respondent the
warden or custodian of the prison or correctional facility were petitioner is
incarcerated.
2. Form.
a. Form of Petitions Required. A petitioner who files a petition
seeking relief pursuant to 28 U.S.C. § 2241 may submit his or her
petition on the standard form supplied by this Court. If the petitioner
does not use the standard form, the petition must substantially
follow the standard form supplied by this Court. Petitions that do not
utilize the standard form shall contain all of the information required
by the standard form. If the petitioner is represented by counsel,
Electronic Case Filing (ECF) procedures apply.
b. Content. The petitioner is to state all grounds for relief, provide
specific facts supporting each argument, and identify the relief
requested. An accompanying memorandum of law is not required
but will be accepted by the Clerk of Court at the time the petition is
filed.
c. Where to Get the Standard Form. The standard form supplied
by this Court for 28 U.S.C. § 2241 petitions can be obtained free of
charge from the following sources: (i) this Court's website
(www.pawd.uscourts.gov) (FORMS/MANUALS); (ii) this Court's
Office of the Clerk of Court upon request; (iii) the Federal Public
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
Defender's website (http://paw.fd.org); or (iv) the Federal Public
Defender's Office upon request.
d. Requirements Concerning Filing Format. All filings in 28
U.S.C. § 2241 proceedings must by typed, word-processed or
neatly written in ink. All filings must be submitted on paper sized 8½
by 11 inches. No writing or typing shall be made on the back of any
filing.
e. Return of Petitions that Do Not Substantially Comply With
Local Form Rules. If the form or other initial filing submitted by a
pro se petitioner does not substantially comply with these Local
Rules, the filing may be returned to the pro se petitioner with a copy
of the Court's standard form, a statement of reasons for its return,
and a directive that the petitioner resubmit the claims outlined in the
original filing on the Court's form. A petitioner will be given 21 days
or as directed by the Court to return his or her filing on the form
supplied by this Court. A petitioner may seek leave of Court for an
extension of time to return the form.
f. Certificate Required in Death Penalty Case. A petitioner
challenging the execution of a sentence of death pursuant to a
federal Court judgment shall file with the Clerk of Court a copy of the
"Certificate of Death Penalty Case" required by the Third Circuit
L.A.R. Misc. 111.2(a). The certificate will include the following
information: names, addresses, and telephone numbers of parties
and counsel; if set, the proposed date of execution of the sentence;
and the emergency nature of the proceedings. Upon docketing, the
Clerk of Court will transmit a copy of the certificate, together with a
copy of the relevant documents, to the Clerk of the Court of Appeals
as required by Third Circuit L.A.R. Misc. 111.2(a).
C. Filing the Petition. The original Section 2241 petition shall be filed with the
Clerk of Court. Section 2241 petitions must be accompanied by the applicable
filing fee or a motion requesting leave to proceed in forma pauperis.
D. The Answer and the Reply.
1. The Answer.
a. When Required. Upon undertaking preliminary review of the
motion for relief under 28 U.S.C. § 2241, if the Court finds that there
is no basis for dismissal, the Court must enter an order directing the
respondent to file an Answer within the time frame permitted by the
Court. The respondent is not required to file a Response to the
petition unless a Judge so orders. An extension may be granted
only for good cause shown.
b. Contents. The Response must address the allegations in the
petition. All relevant documents should be attached to the
Response as exhibits. In addition, the Response must state
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
whether any claim in the petition is barred by a failure to exhaust
administrative remedies, a procedural bar, or non-retroactivity.
2. The Reply. Although not required, the petitioner may file a Reply (also
known as "a Traverse") within 30 days of the date the respondent files its
Response. If the petitioner wishes to file a Reply after 30 days have
passed, he or she must file a motion requesting to do so and an extension
may be granted only for good cause shown.
E. Powers of a Magistrate Judge. Within 21 days of commencement of a
Section 2241 proceeding in the Erie or Pittsburgh Divisions, the petitioner shall
execute and file a "CONSENT TO JURISDICTION BY UNITED STATES
MAGISTRATE JUDGE" form, either consenting to the jurisdiction of the
Magistrate Judge or electing to have the case randomly assigned to a District
Judge. Respondent shall execute and file within 21 days of its appearance a
form either consenting to the jurisdiction of the Magistrate Judge or electing to
have the case randomly assigned to a District Judge. If all parties do not consent
to Magistrate Judge jurisdiction, a District Judge shall be assigned and the
Magistrate Judge shall continue to manage the case consistent with 28 U.S.C.
§ 636.
The "CONSENT TO JURISDICTION BY UNITED STATES MAGISTRATE
JUDGE" form is available on this Court's website (www.pawd.uscourts.gov)
(CASE ASSIGNMENT SYSTEM). If a party elects to have the case assigned to
a District Judge, the Magistrate Judge shall continue to manage the case by
deciding non-dispositive motions and submitting reports and recommendations
on the petition and on dispositive motions, unless otherwise directed by the
District Judge.
F. Applicability of the Federal Rules of Civil Procedure. The Federal Rules
of Civil Procedure may be applied to a proceeding under these rules.
G. Appeals.
1. Upon entry of a final decision decided pursuant to 28 U.S.C. § 2241,
the Court shall set forth the judgment on a separate document and enter
the judgment on the civil docket as required under Fed. R. Civ. P. 58(a)(1).
2. The time for filing a notice of appeal is governed by Fed. R. App. P.
4(a) and such time commences when the Court enters the judgment as
described in said Rule.
H. The Appointment of Counsel. There is no constitutional right to counsel in
proceedings brought pursuant to 28 U.S.C. § 2241. Financially eligible
petitioners may, however, request that counsel be appointed at any time. See 18
U.S.C. § 3006A. The Court may appoint counsel for a petitioner who qualifies to
have counsel appointed under 18 U.S.C. § 3006A. This Local Rule is not
intended to alter or limit the appointment of counsel available pursuant to 18
U.S.C. § 3006A.
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
Comment (June 2008)
All Section 2241 habeas cases in the Erie and Pittsburgh Divisions are assigned to a Magistrate
Judge only.
