(a) State Prisoners. When a petition for the writ of habeas corpus is filed by a person in state
custody, either the necessary filing fee or an application to proceed in forma pauperis must
accompany the petition. Every petition for habeas corpus relief by a state prisoner must comply
with the Rules Governing Section 2254 Cases in The United States District Courts. All pro se
petitions for writs of habeas corpus must be filed on a set of standardized forms to be supplied,
upon request, by the Clerk without cost to the petitioner. Counsel filing a petition for writ of
habeas corpus need not use a standardized form, but any petition shall contain essentially the same
information as set forth on said form.
(b) Federal Prisoners. When a petition for the writ of habeas corpus is filed by a person in
federal custody, a filing fee is not required. Every petition for habeas corpus relief by a federal
prisoner must comply with the Rules Governing Section 2255 Proceedings in The United States
District Courts. All pro se petitions for writs of habeas corpus must be filed on a set of standardized
forms to be supplied, upon request, by the Clerk without cost to the petitioner. Counsel filing a
petition for writ of habeas corpus need not use a standardized form, but any petition shall contain
essentially the same information as set forth on said form.
(c) Reference to Magistrate Judge. Should an evidentiary hearing be required relative to a
petition for the writ of habeas corpus, the Court may refer the matter to a magistrate judge for a
report and recommendation.
