*#3, and #6-9 were modified or added to reflect FLSD procedures
**#10 Paragraph 10(b) modified
AO 242 (05/12) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (Modified by FLSD 05/15/2012)*
PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241
Instructions
1. Who Should Use This Form. You should use this form if
• you are a federal prisoner and you wish to challenge the way your sentence is being carried out (for example, you
claim that the Bureau of Prisons miscalculated your sentence or failed to properly award good time credits);
• you are in federal or state custody because of something other than a judgment of conviction (for example, you are
in pretrial detention or are awaiting extradition); or
• you are alleging that you are illegally detained in immigration custody.
2. Who Should Not Use This Form. You should not use this form if
• you are challenging the validity of a federal judgment of conviction and sentence (these challenges are generally
raised in a motion under 28 U.S.C. § 2255);
• you are challenging the validity of a state judgment of conviction and sentence (these challenges are generally raised
in a petition under 28 U.S.C. § 2254); or
• you are challenging a final order of removal in an immigration case (these challenges are generally raised in a
petition for review directly with a United States Court of Appeals).
3. Preparing the Petition. The petition must be typed or neatly written, and you must sign and date it under penalty of perjury.
A false statement may lead to prosecution.
All questions must be answered clearly and concisely in the space on the form. If needed, you may attach additional pages or
file a memorandum in support of the petition. If you attach additional pages, number the pages and identify which section of
the petition is being continued. Note that some courts have page limitations. All filings must be submitted on paper sized 8½
by 11 inches. Do not use the back of any page.
No citation of authorities need be furnished. If a brief or additional argument is submitted. It should be submitted in the form
of a separate memorandum of law, not to exceed 20 pages in length absent prior leave of Court.*
4. Supporting Documents. In addition to your petition, you must send to the court a copy of the decisions you are challenging
and a copy of any briefs or administrative remedy forms filed in your case.
5. Required Filing Fee. You must include the $5 filing fee required by 28 U.S.C. § 1914(a). If you are unable to pay the filing
fee, you must ask the court for permission to proceed in forma pauperis – that is, as a person who cannot pay the filing fee –
by submitting the documents that the court requires.
6. Submitting Documents to the Court. Mail your petition and one copy to the clerk of the United States District Court for
the district and division in which you are confined (see below). All copies must be identical to the original. Copies may be
legibly hand written. If you want a file-stamped copy of the petition, you must enclose an additional copy of the petition and
ask the court to file-stamp it and return it to you.*
Miami Division Fort Lauderdale Division West Palm Beach Division
Clerk, U.S. District Court Clerk, U.S. District Court Clerk, U.S. District Court
400 N. Miami Ave., #8N09 299 E. Broward Boulevard 701 Clematis Street
Miami, FL 33128 Fort Lauderdale, FL 33301 West Palm Beach, FL 33401
7. Change of Address. You must immediately advise the Court of any changes of address by filing a “Notice to the Court of
Change of Address.” This notice should contain the address change and the effective date and must be signed. FAILURE TO
NOTIFY THE COURT OF ANY CHANGE OFA DDRESS COULD RESULT IN THE DISMISSAL OF YOUR
PETITION.
8. Petitioner is advised that respondent is not required to respond to the petition unless ordered by the Court and that default is
inappropriate in habeas corpus proceedings. Once the Court has ordered a response and counsel for respondent has appeared
in the case, any documents you file with the Court must also be sent to counsel. All filings must include a certificate of
service stating the date that a copy was served or mailed to counsel.
9. After receiving notice of your case number from the clerk, you must include the case number on all documents you file with
the Court. You must keep a copy of every document you send to the Court as you are not entitled to free copies from the
clerk even if you are proceeding in forma pauperis.