Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/fedr/hab1.asc

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GOVERNING SECTION 2254 CASES
AND SECTION 2255 PROCEEDINGS
IN THE UNITED STATES DISTRICT COURTS


Rule 1.  Scope of Rules

(a)  Applicable to Cases Involving Custody Pursuant to a Judgment
of a State Court.  These rules govern the procedure in the United
States district courts on applications under 28 U.S.C. s. 2254;

(1) by a person in custody pursuant to a judgment of a state
court, for a determination that such custody is in violation of
the Constitution, laws, or treaties of the United States; and

(2) by a person in custody pursuant to a judgment of either a
state or a federal court, who makes application for a
determination that custody to which he may be subject in the
future under a judgment of a state court will be in violation of
the Constitution, laws, or treaties of the United States.

(b) Other Situations.  In applications for habeas corpus in cases
not covered by subdivision (a), these rules may be applied at the
discretion of the United States district court.

Rule 2.  Petition

(a)  Applicants in Present Custody.  If the applicant is
presently in custody pursuant to the state judgment in question,
the application shall be in the form of a petition for a writ of
habeas corpus in which the state officer having custody of the
applicant shall be named as respondent.

(b) Applicants Subject to Future Custody.  If the applicant is
not presently in custody pursuant to the state judgment against
which he seeks relief but may be subject to such custody in the
future, the application shall be in the form of a petition for a
writ of habeas corpus with an added prayer for appropriate relief
against the judgment which he seeks to attack.  In such a case
the officer having present custody of the applicant and the
attorney general of the state in which the judgment which he
seeks to attack was entered shall each be named as respondents.

(c) Form of Petition.  The petition shall be in substantially the
form annexed to these rules, except that any district court may
by local rule require that petitions filed with it shall be in a
form prescribed by the local rule.  Blank petitions in the
prescribed form shall be made available without charge by the
clerk of the district court to applicants upon their request.  It
shall specify all the grounds for relief which are available to
the petitioner and of which he has or by the exercise of
reasonable diligence should have knowledge and shall set forth in
summary form the facts supporting each of the grounds thus
specified.  It shall also state the relief requested.  The
petition shall be typewritten or legibly handwritten and shall be
signed under penalty of perjury by the petitioner.

(d)  Petition to be Directed to Judgments of One Court Only.  A
petition shall be limited to the assertion of a claim for relief
against the judgment or judgments of a single state court
(sitting in a county or other appropriate political subdivision).
If a petitioner desires to attack the validity of the judgments
of two or more state courts under which he is in custody or may
be subject to future custody, as the case may be, he shall do so
by separate petitions.

(e) Return of Insufficient Petition.  If a petition received by
the clerk of a district court does not substantially comply with
the requirements of rule 2 or rule 3, it may be returned to the
petitioner, if a judge of the court so directs, together with a
statement of the reason for its return.  The clerk shall retain a
copy of the petition.

Rule 3.  Filing Petition

(a) Place of Filing; Copies; Filing Fee.  A petition shall be
filed in the office of the clerk of the district court.  It shall
be accompanied by two conformed copies thereof.  It shall also be
accompanied by the filing fee prescribed by law unless the
petitioner applies for and is given leave to prosecute the
petition in forma pauperis.  If the petitioner desires to
prosecute the petition in forma pauperis, he shall file the
affidavit required by 28 USC s. 1915.  In all such cases the
petition shall also be accompanied by a certificate of the warden
or other appropriate office of the institution  in which the
petitioner is confined as to the amount of money or securities on
deposit to the petitioner's credit in any account in the
institution, which certificate may be considered by the court in
acting upon his application for leave to proceed in forma
pauperis.

/* One of the efforts to limit prisoner petitions is through the
careful scrutiny of the prisoner's ability to pay filing fees
from their "cigarette and canteen" money. */

(b) Filing and Service.  Upon receipt of the petition and the
filing fee, or an order granting leave to the petitioner to
proceed in forma pauperis, and having ascertained that the
petition appears on its fact to comply with rules 2 and 3, the
clerk of the district court shall file the petition and enter it
on the docket in his office.  The filing of the petition shall
not require the respondent to answer the petition or otherwise
move with respect to it unless so ordered by the court.

Rule 4.  Preliminary Consideration by Judge

The original petition shall be presented promptly to a judge of
the district court in accordance with the procedure of the court
for the assignment of its business.  The petition shall be
examined promptly by the judge to whom it is assigned.  If it
plainly appears from the face of the petition and any exhibits
annexed to it that the petitioner is not entitled to relief in
the district court, the judge shall make an order for its summary
dismissal and cause the petitioner to be notified.  Otherwise the
judge shall order the respondent to file an answer or other
pleading within the period of time fixed by the court or to take
such other action as the judge deems appropriate.  In every case
a copy of the petition and any order shall be served by certified
mail on the respondent and the attorney general of the state
involved.

Rule 5.  Answer; Contents

The answer shall respond to the allegations of the petition.  In
addition it shall state whether the petitioner has exhausted his
state remedies including any post-conviction remedies available
to him under the statutes or procedural rules of the state and
including also his right of appeal both from the judgment of
conviction and from any adverse judgment or order in the
post-conviction proceeding.  The answer shall indicate what
transcripts (of pretrial, trial, sentencing, and post-conviction
proceedings) are available, when they can be furnished, and also
what proceedings have been recorded and not transcribed.  There
shall be attached to the answer such portions of the transcripts
as the answering party deems relevant.  The court on its own
motion or upon request of the petitioner may order that further
portions of the existing transcripts be furnished or that certain
portions of the non-transcribed proceedings be transcribed and
furnished.  If a transcript is neither available nor procurable,
a narrative summary of the evidence may be submitted.  If the
petitioner appealed from the judgment of conviction or from an
adverse judgment or order in a post-conviction proceeding, a copy
of the petitioner's brief on appeal and of the opinion of the
appellate court, if any, shall also be filed by the respondent
with the answer.

/* The authors are advised by U.S. Magistrate Judges that this
portion of the rule is often not strictly complied with by
responding attorney's general or other prosecutors' offices. */

Rule 6.  Discovery

(a) Leave of Court Required.  A party shall be entitled to invoke
the processes of discovery available under the Federal Rules of
Civil Procedure if, and to the extent that, the judge in the
exercise of his discretion and for good cause shown grants leave
to do so, but not otherwise.  If necessary for effective
utilization of discovery procedures, counsel shall be appointed
by the judge for a petitioner who qualifies for the appointment
of counsel under 18 USC s. 3006A(g).

(b) Requests for Discovery.  Requests for discovery shall be
accompanied by a statement of the interrogatories or requests for
admission and a list of the documents, if any, sought to be
produced.

/* Unusual in that even attorneys must obtain leave to complete
discovery. */

(c) Expenses.  If the respondent is granted leave to take the
deposition of the petitioner or any other person the judge may as
a condition of taking it direct that the respondent pay the
expenses of travel and subsistence and fees of counsel for the
petitioner to attend the taking of the deposition.

Rule 7.  Expansion of Record

(a) Direction for Expansion.  If the petition is not dismissed
summarily the judge may direct that the record be expanded by the
parties by the inclusion of additional materials relevant to the
determination of the merits of the petition.

(b) Materials to be Added.  The expanded record may include,
without limitation, letters predating the filing of the petition
in the district court, documents, exhibits, and answers under
oath, if so directed, to written interrogatories propounded by
the judge.  Affidavits may be submitted and considered as a part
of the record.

(c) Submission to Opposing Party.  In any case in which an
expanded record is directed, copies of the letters, documents,
exhibits, and affidavits proposed to be included shall be
submitted to the party against whom they are to be offered, and
he shall be afforded an opportunity to admit or deny their
correctness.

(d) Authentication.  The court may require the authentication of
any material under subdivision (b) or (c).

Rule 8.  Evidentiary Hearing

(a) Determination by Court.  If the petition is not dismissed at
a previous stage in the proceeding, the judge, after the answer
and the transcript and record of state court proceedings are
filed, shall, upon a review of those proceedings and of the
expanded record, if any, determine whether an evidentiary hearing
is required.  If it appears that an evidentiary hearing is not
required, the judge shall make such disposition of the petition
as justice shall require.

(b) Function of the Magistrate.

(1) When designated to do so in accordance with 28 USC s. 636(b)
[28 USCS s. 636(b)], a magistrate may conduct hearings, including
evidentiary hearings, on the petition, and submit to a judge of
the court proposed findings of fact and recommendations for
disposition.

(2) The magistrate shall file proposed findings and
recommendations with the court and a copy shall forthwith be
mailed to all parties.

(3) Within ten days after being served with a copy, any party may
serve and file written objections to such proposed findings and
recommendations as provided by rules of court.

(4) A judge of the court shall make a de novo determination of
those portions of the report or specified proposed findings or
recommendations to which objection is made.  A judge of the court
may accept, reject, or modify in whole or in part any findings or
recommendations made by the magistrate.

(c) Appointment of Counsel; Time for Hearing.  If an evidentiary
hearing is required the judge shall appoint counsel for a
petitioner who qualifies for the appointment of counsel under 18
USC s. 3006A(g) and the hearing shall be conducted as promptly as
practicable, having regard for the need of counsel for both
parties for adequate time for investigation and preparation.
These rules do not limit the appointment of counsel under 18
U.S.C. s. 3006A at any stage of the case if the interest of
justice so requires.

Rule 9.  Delayed or Successive Petitions

(a) Delayed Petitions.  A petition may be dismissed if it appears
that the state of which the respondent is an officer has been
prejudiced in its ability to respond to the petition by delay in
its filing unless the petitioner shows that it is based on
grounds of which he could not have had knowledge by the exercise
of reasonable diligence before the circumstances prejudicial to
the state occurred.

(b) Successive Petitions.  A second or successive petition may be
dismissed if the judge finds that it fails to allege new or
different grounds for relief and the prior determination was on
the merits or, if new and different grounds are alleged, the
judge finds that the failure of the petitioner to assert those
grounds in a prior petition constituted an abuse of the writ.

/* An entirely different standard than a usual test of issue
preclusion. */

Rule 10.  Powers of Magistrates

The duties imposed upon the judge of the district court by these
rules may be performed by a United States magistrate pursuant to
28 U.S.C. s. 636.

Rule 11.  Federal Rules of Civil Procedure; Extent of
Applicability

The Federal Rules of Civil Procedure, to the extent that they are
not inconsistent with these rules, may be applied, when
appropriate, to petitions filed under these rules.

APPENDIX OF FORMS

MODEL FORM FOR USE IN APPLICATIONS FOR HABEAS
CORPUS UNDER 28 U.S.C. s. 2254


Name________________________________________________________
Prison number_______________________________________________
Place of confinement________________________________________
United States District Court ____________ District of_______
Case No.____________________________________________________
(To be supplied by Clerk of U.S. District Court)

______________________,  PETITIONER
(Full name)
    v.
______________________,  RESPONDENT
(Name of Warden, Superintendent, Jailor, or authorized
person having custody of petitioner)
and
THE ATTORNEY GENERAL OF THE STATE OF ______________________,
ADDITIONAL RESPONDENT.

(If petitioner is attacking a judgment which imposed a sentence
to be served in the future, petitioner must fill in the name of
the state where the judgment was entered.  If petitioner has a
sentence to be served in the future under a federal judgment
which he wishes to attack, he should file a motion under 28
U.S.C. s. 2255, in the federal court which entered the judgment.)

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN
STATE CUSTODY

Instructions.  Read Carefully

(1) This petition must be legibly handwritten or typewritten, and
signed by the petitioner under penalty of perjury.  Any false
statement of a material fact may serve as the basis for
prosecution and conviction for perjury.  All questions must be
answered concisely in the proper space on the form.

(2) Additional pages are not permitted except with respect to the
facts which you rely upon to support your grounds for relief. No
citation of authorities need be furnished.  If briefs or
arguments are submitted, they should be submitted in the form of
a separate memorandum.

(3) Upon receipt of a fee of $5 your petition will be filed if it
is in proper order.

(4) If you do not have the necessary filing fee, you may request
permission to proceed in forma pauperis, in which event you must
execute the declaration of the last page, setting forth
information establishing your inability to prepay the fees and
costs or give security therefor.  If you wish to proceed in forma
pauperis, you must have an authorized officer at the penal
institution complete the certificate as to the amount of money
and securities on deposit to your credit in any account in the
institution.  If your prison account exceeds $________, you must
pay the filing fee as required by the rule of the district court.

(5) Only judgments entered by one court may be challenged in a
single petition.  If you seek to challenge judgments entered by
different courts either in the same state or in different states,
you must file separate petitions as to each court.

(6) Your attention is directed to the fact that you must include
all grounds for relief and all facts supporting such grounds for
relief in the petition you file seeking relief from any judgment
of conviction.

(7) When the petition is fully completed, the original and two
copies must be mailed to the Clerk of the United States District
Court whose address is_____________________________
_______________________________________________________________

(8) Petitions which do not conform to these instructions will be
returned with a notation as to the deficiency.

PETITION

1. Name and location of court which entered the judgment of
conviction under attack__________________________________

2. Date of judgment of conviction_________________________

3. Length of sentence_____________________________________

4. Nature of offense involved (all counts)________________

____________________________________________________________
____________________________________________________________
____________________________________________________________

What was your plea?  (Check one)

(a)  Not guilty __

(b)  Guilty __

(c) Nolo contendere __


If you entered a guilty plea to one count or indictment, and a
not guilty plea to another count or indictment, give details:

6. Kind of trial:  (Check one)

(a) Jury __

(b) Judge only __

7. Did you testify at the trial?

Yes___  No___

8. Did you appeal from the judgment of conviction?

Yes___ No___

9. If you did appeal, answer the following:

(a) Name of court_____________________________________

(b) Result____________________________________________

(c) Date of result____________________________________

10. Other than a direct appeal from the judgment of conviction
and sentence, have you previously filed any petitions,
applications, or motions with respect to this judgment in any
court, state or federal?

Yes___ No___

11. If you answer to 10 was "yes," give the following
information:

(a)(1)  Name of court__________________________________

   (2)  Nature of proceeding___________________________

   (3)  Grounds raised_________________________________
_______________________________________________
_______________________________________________

   (4)  Did you receive an evidentiary hearing on your petition,
application or motion?

Yes ___ No ___

   (5)  Result_________________________________________

   (6)  Date of result_________________________________

   (b)  As to any second petition, application or          motion give
the same information:

   (1)  Name of court__________________________________

   (2)  Nature of proceeding___________________________

   (3)  Grounds raised_________________________________
_______________________________________________
_______________________________________________

   (4)  Did you receive an evidentiary hearing on your
petition, application or motion?

Yes ____ No ___

(5)  Result_________________________________________

(6)  Date of result_________________________________

(c)  As to any third petition, application or motion, give the
same information:

(1)  Name of court__________________________________

(2)  Nature of proceeding___________________________

_______________________________________________

(3)  Grounds raised_________________________________

_______________________________________________

_______________________________________________

(4)  Did you receive an evidentiary hearing on your petition,
application or motion?

Yes ___ No ___

(5)  Result_________________________________________

(6)  Date of result_________________________________

(d)  Did you appeal to the highest state court having
jurisdiction the result of action taken on any petition,
application or motion?

(1)  First petition, etc. Yes ____ No ____

(2)  Second petition, etc. Yes ____ No ____

(3)  Third petition, etc.  Yes ____    No ____

(e)  If you did not appeal from the adverse action on any
petition, application or motion, explain briefly why you did
not:_______________________

________________________________________________

________________________________________________

12.  State concisely every ground on which you claim that you are
being held unlawfully.  Summarize briefly the facts supporting
each ground.  If necessary, you may attach pages stating
additional grounds and facts supporting same.

Caution:  In order to proceed in the federal court, you must
ordinarily first exhaust your state court remedies as to each
ground on which you request action by the federal court.  If you
fail to set forth all grounds in this petition, you may be barred
from presenting additional grounds at a later date.

For your information, the following is a list of the most
frequently raised grounds for relief in habeas corpus
proceedings.  Each statement preceded by a letter constitutes a
separate ground for possible relief.  You may raise any grounds
which you may have other those listed if you have exhausted your
state court remedies with respect to them.  However, you should
raise in this petition all available grounds (relating to this
conviction) on which you base your allegations that you are being
held in custody unlawfully.

Do not check any of these listed grounds.  If you select one or
more of these grounds for relief, you must allege facts.  The
petition will be returned to you if you merely check (a) and (j)
or any of one of these grounds.

(a) Conviction obtained by plea of guilty which was unlawfully
induced or not made voluntarily with understanding of the nature
of the charge and the consequences of the plea.

(b) Conviction obtained by use of coerced confession.

(c) Conviction obtained by use of evidence gained pursuant to an
unconstitutional search and seizure.

(d) Conviction obtained by use of evidence obtained pursuant to
an unlawful arrest.

(e) Conviction obtained by a violation of the privilege against
self-incrimination.

(f) Conviction obtained by the unconstitutional failure of the
prosecution to disclose to the defendant evidence favorable to
the defendant.

(g) Conviction obtained by a violation of the protection against
double jeopardy.

(h) Conviction obtained by action of a grand or petit jury which
was unconstitutionally selected and impaneled.

(i) Denial of effective assistance of counsel.

(j) Denial of right of appeal.

A.  Ground one:___________________________________

Supporting FACTS (tell your story briefly without citing cases or
law):_________________
______________________________________________

B.  Ground two:___________________________________

Supporting FACTS (tell your story briefly without citing cases or
law):_________________

______________________________________________

C.  Ground three:_________________________________

Supporting FACTS (tell your story briefly without citing cases or
law):_________________

______________________________________________

D.  Ground four:__________________________________

Supporting FACTS (tell your story briefly without citing cases or
law):_________________


______________________________________________

13. If any of the grounds listed in 12A, B, C, and D were not
previously presented in any other court, state or federal, state
briefly what grounds were not so presented, and give your reasons
for not presenting them:______________
________________________________________________________________

14. Do you have any petition or appeal now pending in any court,
either state or federal, as to the judgment under attack?

Yes___ No___

15. Give the name and address, if known, of each attorney who
represented you in the following stages of the judgment attacked
herein:

(a) At preliminary hearing____________________________
____________________________________________________________

(b) At arraignment and plea___________________________
____________________________________________________________

(c) At trial__________________________________________
____________________________________________________________

(d) At sentencing_____________________________________
____________________________________________________________

(e) On appeal_________________________________________
____________________________________________________________

(f) In any post-conviction proceeding_________________
____________________________________________________________

(g) On appeal from any adverse ruling in a post-conviction
proceeding _______________________________________
____________________________________________________________

16. Were you sentenced on more than one count of an indictment,
or on more than one indictment, in the same court and at the same
time?

Yes___ No___

17.Do you have any future sentence to serve after you complete
the sentence imposed by the judgment under attack?

Yes___No___

(a) If so, give name and location of court which imposed sentence
to be served in the future:________________
____________________________________________________________

(b) And give date and length of sentence to be served in the
future:______________________________________________
____________________________________________________________

(c) Have you filed, or do you contemplate filing, any petition
attacking the judgment which imposed the sentence to be served in
the future?

Yes___No___

Wherefore, petitioner prays that the Court grant petitioner
relief to which he may be entitled in this proceeding.

________________________________________
Signature of Attorney (if any)

I declare (or certify, verify, or state) under penalty of perjury
that the foregoing is true and correct.  Executed on
__________(date).

________________________________________
Signature of Petitioner

IN FORMA PAUPERIS DECLARATION

_______________________________
[Insert appropriate court]


_________________________  DECLARATION IN SUPPORT

(Petitioner)               OF REQUEST
v.                         TO PROCEED
________________________  IN FORMA PAUPERIS
(Respondent(s))


I, _____________, declare that I am the petitioner in the above
entitled case; that in support of my motion to proceed without
being required to prepay fees, costs or give security therefor, I
state that because of my poverty I am unable to pay the costs of
said proceeding or to give security therefor; that I believe I am
entitled to relief.

1. Are you presently employed?  Yes ____    No ____

a. If the answer is "yes," state the amount of your salary or
wages per month, and give the name and address of your employer.
_______________________________________________________________

b. If the answer is "no," state the date of last employment and
the amount of the salary and wages per month which you received.
__________________________________________________________________

2. Have you received within the past twelve months any money from
any of the following sources?

a. Business, profession or form of self-employment?

Yes ____ No ____

b. Rent payments, interest or dividends?

Yes ____ No ____

c.Pensions, annuities or life insurance

payments Yes ___No ___

d.Gifts or inheritances?  Yes ____No ____

e.    Any other sources? Yes ____No ____

If the answer to any of the above is "yes," describe each source
of money and state the amount received from each during the past
twelve months.______________________________
____________________________________________________________

3.Do you own cash, or do you have money in checking or savings
account?

Yes___ No___ (Include any funds in prison accounts.)

If the answer is "yes," state the total value of items owned.
___________________________________________________

4. Do you own any real estate, stocks, bonds, notes, automobiles,
or other valuable property (excluding ordinary household
furnishings and clothing)?

Yes___ No___

If the answer is "yes," describe the property and state its
approximate value.________________________________
____________________________________________________________

5. List the persons who are dependent upon you for support, state
your relationship to those persons, and indicate how much you
contribute toward their support.______

_____________________________________________________

I declare (or certify, verify, or state) under penalty of perjury
that the foregoing is true and correct.  Executed on
______________(date).

___________________________________
Signature of Petitioner

Certificate

I hereby certify that the petitioner herein has the sum of $_____
on account to his credit at the _____________________
institution where he is confined.  I further certify that the
petitioner likewise has the following securities to his credit
according to the records of said ____________________
institution:___________________________________________________

___________________________________
Authorized Officer of Institution

MODEL FORM FOR USE IN 28 U.S.C. s. 2254
CASES INVOLVING A RULE 9 ISSUE

Form No. 9

United States District Court,
_____________ District of ___________________
Case No. ___________________
______________________, PETITIONER
v.
______________________, RESPONDENT
and
___________________, ADDITIONAL RESPONDENT

Petitioner's Response as to Why His Petition Should
Not Be Barred Under Rule 9

Explanation and Instructions -- Read Carefully

(I) Rule 9.  Delayed or successive petitions.

(a) Delayed petitions.  A petition may be dismissed if it appears
that the state of which the respondent is an officer has been
prejudiced in its ability to respond to the petition by delay in
its filing unless the petitioner shows that it is based on
grounds of which he could not have had knowledge by the exercise
of reasonable diligence before the circumstances prejudicial to
the state occurred.

(b) Successive Petitions.  A second or successive petition may be
dismissed if the judge finds that it fails to allege new or
different grounds for relief and the prior determination was on
the merits or, if new and different grounds are alleged, the
judge finds that the failure of the petitioner to assert those
grounds in a prior petition constituted an abuse of the writ.

(II) Your petition for habeas corpus has been found to be subject
to dismissal under rule 9( ) for the following
reason(s):______________________________________________________

(III)  This form has been sent so that you may explain why your
petition contains the defent(s) noted in (II) above.  It is
required that you fill out this form and send it back to the
court within ____ days.  Failure to do so will result in the
automatic dismissal of your petition.

(IV) When you have fully completed this form, the original and
two copies must be mailed to the Clerk of the United States
District Court whose address is _____________________
____________________________________________________________


(V) This response must be legibly handwritten or typewritten, and
signed by the petitioner under penalty of perjury.  Any false
statement of a material fact may serve as the basis for
prosecution and conviction for perjury.  All questions must be
answered concisely in the proper space on the form.

(VI) Additional pages are not permitted except with respect to
the facts which you rely upon in item 4 or 5 in the response. Any
citation of authorities should be kept to an absolute minimum and
is only appropriate if there has been a change in the law since
the judgment you are attacking was rendered.

(VII) Respond to 4 or 5 below, not to both, unless (II) above
indicates that you must answer both sections.

RESPONSE

1. Have you had the assistance of an attorney, other law-trained
personnel, or writ writers since the conviction your petition is
attacking was entered?

Yes___ No___

2. If you checked "yes" above, specify as precisely as you can
the period(s) of time during which you received such assistance,
up to and including the present.________________
____________________________________________________________

3. Describe the nature of the assistance, including the names of
those who rendered it to you.______________________
_____________________________________________________________

4. If your petition is in jeopardy because of delay prejudicial
to the state under rule 9(a), explain why you feel the delay has
not been prejudicial and/or why the delay is excusable under the
terms of 9(a).  This should be done by relying upon FACTS, not
your opinions or conclusions.____
________________________________________________________________

5. If your petition is in jeopardy under rule 9(b) because it
asserts the same grounds as a previous petition, explain why you
feel it deserves a reconsideration.  If its fault under rule 9(b)
is that it asserts new grounds which should have been included in
a prior petition, explain why you are raising these grounds now
rather than previously.  Your explanation should rely on FACTS,
not your opinions or conclusions.
________________________________________________________________

I declare (or certify, verify, or state) under penalty of perjury
that the foregoing is true and correct.  Executed on
__________________(date).

___________________________________
Signature of Petitioner