Dismissal of Petitions. After a state prisoner has filed a § 2254 petition, the judge assigned promptly examines it. If it appears plain on the face of the petition and all exhibits that the petitioner is not entitled to relief, then the judge is permitted, but not obliged, to dismiss the petition and notify the petitioner. If not, the judge must order the state to either (1) file a response within a fixed time or (2) take other action. The judge will order the respondent to file an answer within a fixed time. The state's answer shall indicate what transcripts are available, when they can be furnished, and what proceedings have been recorded but not transcribed. If a petitioner appeals a conviction or adverse judgment in a post-conviction proceeding, a copy of the petitioner's brief on appeal and the opinion of the appellate court, if any, shall also be filed with the answer. Petitioners may voluntarily move to dismiss their own petitions.
Review Proceedings: Habeas Relief for State Prisoners (2020 Update) - Dismissal of Petitions.
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- By Georgetown University and The Georgetown Law Journal
- Parent Category: Criminal Justice and Racism
- Category: Post-Conviction
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