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http://goodvsevilsaucerinterdiction.blogspot.com /2018/01/plaintiffs-super-novus-counsel- 15432.html
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http://goodvsevilsaucerinterdiction.blogspot.com /2017/10/entities-that-of-steven-v-arroyo- dba.html
http://missionaryobligations.blogspot.com/2018/0 1/collective-missionary-objectives-page.html
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https://thebondingthespirit.blogspot.com/2018/04 /if-i-was-your-master-all-while-and-to.html
https://thebondingthespirit.blogspot.com/2018/05 /more-if-he-we-can-think-it-up-goodness.html
https://thebondingthespirit.blogspot.com/2018/04 /if-i-was-your-master-all-while-and-to.html
"If the creator wants to bring back a dead character, then that character will come back."
It doesn't matter how Deader Than Dead or Killed Off for Real that character is, they'll find a way to return. Much handwaving may be required to explain it (if they don't leave it unexplained), but anything is possible with a bit of Foreshadowing thrown in.
Also known as "Comic book death" because comic books are especially known for taking place in long-spanning continuities where Death Is Cheap, important characters almost never come back wrong, Applied Phlebotinum is everywhere and iconic villains always come back from whatever fate that no carbon-based lifeform could have survived. In addition, the turnover of writers means that even if one writer says, "No really, they're dead this time," with no intention of bringing them back, odds are some future writer will disagree and bring them back a few years down the road.
The First Law Of Resurrection almost always trumps the Sorting Algorithm of Deadness, with only a few exceptions (like Death by Origin Story). May lead to Opening a Can of Clones. See also Reports of My Death Were Greatly Exaggeratedand Disney Death
Deader Than Dead
"We've got to verify it legally to see if she is morally, ethically, spiritually, physically, positively, absolutely, undeniably, and reliably dead."
FAQ-if
Death is permanent, as we all know. Because people die when they are killed. In Real Life. In fictional works, however, this need not necessarily apply. In fiction, people regularly do come Back from the Dead. This is fine if they're on the side of the heroes, but once a villain has pulled this a couple of times it gets really old. The solution? Death is not enough, time to kill them Deader Than Dead. The actual implementation of a Deader Than Dead varies: Sometimes it requires killing more than one component of the target (often its soul and its body at the same time). Sometimes it requires following the dead to the afterlife and killing them there. Sometimes it involves tons and tons of Maximum Overkill that reduces the villain to a fine paste. Sometimes it involves having to kill them in
a special way, or with a particular weapon. Sometimes it involves a sworn affidavit declaring they will never return. And sometimes some alternative to death (sometimes a "Fate Worse than Death") has to be found. For demons and the like, the latter often means "sealing" them somewhere, though more often than not, this is just a surefire way to end up with Sealed Evil in a Can. Your Soul Is Mine is an uncommon way of ensuring total death as well—pulling someone's literal life force out of their body and eating or smashing it is a good way to ensure that they're never coming back. On the other hand, if it's a story where resurrection requires a (mostly) intact body, it's simply a matter of making sure the body isn't intact.
a special way, or with a particular weapon. Sometimes it involves a sworn affidavit declaring they will never return. And sometimes some alternative to death (sometimes a "Fate Worse than Death") has to be found. For demons and the like, the latter often means "sealing" them somewhere, though more often than not, this is just a surefire way to end up with Sealed Evil in a Can. Your Soul Is Mine is an uncommon way of ensuring total death as well—pulling someone's literal life force out of their body and eating or smashing it is a good way to ensure that they're never coming back. On the other hand, if it's a story where resurrection requires a (mostly) intact body, it's simply a matter of making sure the body isn't intact.
Characters who come back from the dead while staying dead (i.e., the Undead) are a special case, but of course, being "dead" also has a very special meaning in this case.
If you have to rely on this trope often, it tells you that you have cheapened the meaning of "death" to the point of uselessness. Relying on it after you have already pulled it for the same character tells you that maybe you're lacking in imagination to come up with good characters.
Or it might be that the character is too popular or iconic (to the fans or the writer) to stay permanently dead. So, it's not really that surprising when they pull something out of left field and let someone use Time Travel to...
Ow! Ouch! Stop kicking me!
Common for important bosses in video games (see Non-Lethal K.O.), but not rare outside them either. Compare with Final Death and Rasputinian Death. Common ingredient in a Death by Origin Story. Often related to Cessation of Existence. This may be the function of an Immortal Breaker - it causes any being to completely obviated from existence (especially important if the immortal in question has Resurrective Immortality).
Older Than They Think — a Fairy Tale may outline the villain's death in graphic detail to ensure that, unlike the hero, they cannot come Back from the Dead. (Often, the Family-Unfriendly Death is proposed by the villain as a suitable punishment for his crimes, as a general principle.)
Despite the similar sounding name, not related to Harder Than Hard, although the attempt to kill someone Deader Than Dead is by no means easy. Related to Killed Off for Real, which results when the audience would have expected the Deader Than Dead character to come back.
Looks like Samus Is a Girl.
"...when it is prophesied that no man can defeat me, I will keep in mind the increasing number of non-traditional gender roles."
A character receives a prophecy or curse of the form "X cannot happen until Y," where Y is seemingly impossible. X is frequently (but not always) the character's death or defeat.
Of course, Y ends up happening somehow, usually through some trick of wording or a loophole, with X promptly following.
Over-reliance on this phrase by the baddie usually leads to a delicious Oh, Crap! moment. It often involves a Eureka Moment, followed by the newly minted Magnificent Bastard drawing his sword and Cutting the Knot. Macbeth met his end at the hands of a man "born" via C-section, for example. When the clause includes an exhaustive list — neither by night nor by day, or neither by man nor by beast — a Liminal Being such as a werewolf or a Liminal Time such as twilight may slip through because being half of each, it's neither fully.
A subtrope of Prophecy Twist and Double Meaning; compare Prophetic Fallacy. Can be a form of False Reassurance. For some other instances of impossible conditions being met, see Impossible Task and Engagement Challenge. For when condition Y isn't really fulfilled but a half-assed excuse is used to justify X happening anyway, see Metaphorically True. Its more comic Sister Trope is Cue the Flying Pig
Back from the Dead
· A major character, possibly even a popularly nasty Big Bad, has been killed, pronounced dead and buried. However, the established laws of the universe allow for Functional Magic, a Sufficiently Advanced Alien, Applied Phlebotinum, Deus ex Machina or similar agency to intervene and subvert what naturally follows dying. Namely, staying dead. (In some cases, an explanation isn't even bothered with.)
Maybe the writers were running short of new ideas and decided to recycle some old characters. Maybe the actor has recently acquired some indecent photographs of the producers. Maybe the new writer was devastated his predecessor killed the character. Who knows? He is now Back From The Dead!
The form of afterlife can vary pretty widely. They may "simply" be resurrected or reincarnated (usually as a sentient pet animal), physical or mental alterations (good or bad) optional; or we may now have a ghost, or vampire... zombie, angel, godling, demon... haunted car... okay, that last one will be hard to top (except with a Love-matic Grandpa!). Bringing someone back from the dead by supernatural means is generally treated as being a negative thing because of how unnatural it is.
If a character cannot come back from the dead entirely, they may show up as a Spirit Advisor or Mentor Archetype, letting them be literally dead, but allowing them to interact with the living.
In the Star Trek: Voyager episode "Mortal Coil", Neelix actually dies for real but is (some would argue unfortunately) brought back to life some 18 hours later. This is an example of Contractual Immortality. In order to qualify for being brought Back From The Dead, a character in a TV show would have to be still dead at the end of one episode and resurrected, by whatever means, in a later episode (2-parters don't count).
This is exceedingly common in American superhero comic books, to the point that whenever a popular character dies, it's a given that they'll be back on within no more than five years. At one time, it was said that "Nobody ever stays dead in comics, except Bucky, Uncle Ben, and Jason Todd." Naturally, since that phrase was coined, Bucky and Jason Todd have both been recalled to life.
See Death Is Cheap for when this becomes a regular feature of a 'verse, Sorting Algorithm of Deadness for the odds a particular death will stick, and the accompanying betting pool for which modern Lazarus is due back next. See also Resurrective Immortality for where this is an everyday part of a character's life.
A general rule of thumb is that if you Never Found the Body, the character is Not Quite Dead in the first place (and therefore not a candidate for this trope). One of the most common examples of this is that if a character falls off of a cliff or other high structure, especially into water, he or she is almost guaranteed to still be alive; see Disney Death. An explosion gives more reasonable odds. Of course, even if you've see the body and you've atomized it so finely that each individual molecule is a galaxy apart... there's always Time Travel. Removing the entire thing from existence can be done, and equally undone by a similar Deus ex Machina.
Faking the Dead has its own trope. See also First Episode Resurrection when this happens at the start of the series.
Man of Woman Born
"...when it is prophesied that no man can defeat me, I will keep in mind the increasing number of non-traditional gender roles."
A character receives a prophecy or curse of the form "X cannot happen until Y," where Y is seemingly impossible. X is frequently (but not always) the character's death or defeat.
Of course, Y ends up happening somehow, usually through some trick of wording or a loophole, with X promptly following.
Over-reliance on this phrase by the baddie usually leads to a delicious Oh, Crap! moment. It often involves a Eureka Moment, followed by the newly minted Magnificent Bastard drawing his sword and Cutting the Knot. Macbeth met his end at the hands of a man "born" via C-section, for example. When the clause includes an exhaustive list — neither by night nor by day, or neither by man nor by beast — a Liminal Being such as a werewolf or a Liminal Time such as twilight may slip through because being half of each, it's neither fully.
A subtrope of Prophecy Twist and Double Meaning; compare Prophetic Fallacy. Can be a form of False Reassurance. For some other instances of impossible conditions being met, see Impossible Task and Engagement Challenge. For when condition Y isn't really fulfilled but a half-assed excuse is used to justify X happening anyway, see Metaphorically True. Its more comic Sister Trope is Cue the Flying Pigs.
Since this trope is frequently used as a surprise twist, major spoilers abound below!
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Weapon of X-Slaying
An extra +10 against anything that starts with the letter J. Don't ask why. Don't ask what Vorpal means, either.
A weapon which gets extra bonuses against a specific enemy type. Sometimes they may outright kill them in one hit.
Ways this can happen:
- Anti-Air: Either weapons that deal bonuses against airborne enemies, or the only weapons that can hit them at all.
- Anti-Armor: The weapon may do more damage against armored enemies. Or, it may strip them of their armor altogether.
- Anti-Cavalry: The weapon is more effective against cavalry units.
- Anti-Infantry: The weapon works better against infantry than against vehicles or cavalry.
- Anti-Magic: The weapon ignores magical defense or disables magical abilities.
- Anti-Structure: The weapon is more effective at destroying or shutting down structures.
- Anti-Vehicle: The weapon works better against vehicles, or it's the only weapon that can damage vehicles at all.
- Depleted Phlebotinum Shells: Whether silver bullets against werewolves or Kryptonite spear against Superman, the weapon relies on being made of, having a component of, or shooting, something that the thing is weak against.
- Elemental Rock–Paper–Scissors: Elemental weapon does more damage to enemies with an inferior element.
- Immortal Breaker: The weapon capable of killing the otherwise-immortal.
- Villain-Beating Artifact: This is the only thing capable of harming an otherwise invulnerable villain.
It is a subtrope of Situational Sword, and a form of Situational Damage Attack. Related is Achilles' Heel, which this weapon can be.
Unique-named weapons with this kind of property often come with Exactly What It Says on the Tin naming.
The brainchild of independent cartoonist Matt Groening (author of Life in Hell), The Simpsons first aired from 1987 to 1989 as a series of animated shorts on The Tracey Ullman Show. Unofficially known as "Season 0," the original 48 ad-bumpers kicked off what is now well established as one of television's all-time classic series (which premiered on the then-fledgling FOX network in December 1989). It is currently in its twenty-eighthseason, making it the longest-running prime-time sitcom in American TV history (worldwide, that honor belongs to Last of the Summer Wine, although the latter has fewer episodes, with 297 while The Simpsons has made 600 episodes so far). It has also been renewed for two more seasons, which will take it up to 669 episodes in total, which will make it surpass Gunsmoke as the the longest running scripted television program by episode count ever.
Depicting the animated adventures of the upper-lower-middle class Simpson family, the show started as a parody of Dom Com conventions, but quickly incorporated elements of social satire, pop culture references, and a mix of highbrow and lowbrow humor that has kept it popular year after year.
When it was first adapted into television, it set a new trend in animation - much of the voice acting had been rather industrial, with voice actors simply reciting a list of their character's linesnote , in whatever emotion the script called for. The Simpsons, however, recorded its lines like a live-action movie, the voice actors for a given scene recording together, allowing for more organic interaction between the characters.
One reason for the show's longevity is the massive cast of over 100 recurring characters it has built up over time, allowing the writers to work with a rich variety of relationships and milieus. Another thing that has established The Simpsons as being unique is an absolute refusal to acknowledge the passing of time. Bart has remained 10 years old and in general the show employs an active Negative Continuity, sometimes even acknowledged in the show.
For roughly the first 10 seasons, The Simpsons was widely considered to be one of the most consistently funny TV shows ever produced. However, it is generally considered that at some point after (or near the end of) that, the series declined in quality. Exactly when it declined, and by how much, is difficult to find a consensus on, but viewership has decreased over the years. Its numbers remain strong though, and the merchandising juggernaut shows no signs of stopping. Fox at one point considered setting up a separate Simpsons/spin-off network
; though that didn't happen, Simpsons re-runs became a cornerstone of the comedy-oriented FXX cable network when that was spun off from the FX network. Though, despite claims that it's not as good as it once was, there's something to be said about a show that debuted (as a series of shorts) whenRonald Reagan was U.S. President, debuted in prime-time and referenced by name when George H.W. Bush was in office, had its best years when Bill Clinton was in office, was more-or-less still going strong during the George W. Bushadministration, saw Barack Obama get elected twice and was around to repeatedly mock the incumbent presidentthroughout his entire campaign and ongoing tenure.
; though that didn't happen, Simpsons re-runs became a cornerstone of the comedy-oriented FXX cable network when that was spun off from the FX network. Though, despite claims that it's not as good as it once was, there's something to be said about a show that debuted (as a series of shorts) whenRonald Reagan was U.S. President, debuted in prime-time and referenced by name when George H.W. Bush was in office, had its best years when Bill Clinton was in office, was more-or-less still going strong during the George W. Bushadministration, saw Barack Obama get elected twice and was around to repeatedly mock the incumbent presidentthroughout his entire campaign and ongoing tenure.
A feature film (creatively titled The Simpsons Movie) was released in summer 2007. Perhaps not surprisingly, reactions from fans were mixed, with some fans claiming it to be on the level of the Golden Age episodes, and some considering it just an extra long Tarnished Age episode. Nevertheless, the film was a huge financial success and received a positive response from critics, earning a 89% Fresh Rating on Rotten Tomatoes and getting a 80 on Metacritic.
Many of the people behind the show are also responsible for Futurama (and while Futurama certainly takes some comedic cues from this show, it is a far cry from a Simpsons clone).
Matt Groening has said he created the core family members in The Tracey Ullman Show's production office waiting room after realizing he didn't want to sign the rights to his Life in Hell characters over to Rupert Murdoch.
In 2009, the show began its 21st season, officially dethroning Gunsmoke as the longest running primetime American television series of all time, before surpassing Gunsmoke's episode total in 2018 (although Sesame Street, among other daytime programs, still retains an even longer run with 40 seasons).
Check out this character sheet for more info on Fox's "first family" of animation. Also has a work-in-progress recap page here.
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Fate Worse than Death
"A fate WORSE than a fate worse than death? That's pretty bad."
Think death is the cruelest fate? Think again. There are several things much worse: torture, taxes, and tofu, to name but a few. And more often than not, some unfortunate soul will experience it. Originally, this phrase meant rape, but now there'seven worse than that.
This phrase is usually used in a Just Between You and Me moment by the Evil Overlord as they boast about the agony-inducing Death Trap that awaits the hero for delaying their plans. It's also fairly commonly used as a warning to the hero against seeking forbidden power or knowledge, and consequently to foreshadow the particular Karmic Death the villain will suffer because of meddling with the universe's Cosmic Keystone.
Mercy Killings are common when heroes find anyone in this state. If the character can beg for help, I Cannot Self-Terminateoccurs; if they can act on their own, they are often Driven to Suicide. Indeed, since all involve choosing death over a given fate, the characters often conclude that that fate is worse than death. Contrast Cruel and Unusual Death, for when the victim instead gets a gruesome death that sucks beyond telling.
See also: Cruel Mercy, Empty Shell, To the Pain, The Punishment, Room 101, And I Must Scream, and occasionally Cool and Unusual Punishment. Tailor Made Prisons may be this by nature or design in order to torture its prisoner. Not to be confused with A Fête Worse Than Death, though the two can occasionally overlap.
Sealed Evil in a Can
"Old folk saying: 'You can catch the devil, but you can't hold him long.'"
Long ago, An Ancient People faced a terrible evil. Using various methods, they bound the evil into a prison from which they thought it could never escape.
It did.
Sealed Evil In A Can, as the title suggests, is a way to introduce a villain suddenly, especially one that is legendary and powerful. It also explains why the villain hasn't done anything up to that point: it just now escaped.
A sealed evil is often introduced as a Greater-Scope Villain: the direct Big Bad's plan will be to unseal the can of some ancient God of Evil, hoping they'll get some of that great power as a reward. Of course, Evil Is Not a Toy: if they succeed, it usually turns out that the Sealed Evil does not care for them (or may have even been manipulating them into freeing them) and disposes of them, making the Sealed Evil the true Final Boss. Sealed Evil™ almost never rewards those who release it. It may even act like the malevolent flavor of a Jackass Genie, twisting their releasers' wishes back on them. (Of course, occasionally the Big Bad actually succeeds in controlling the sealed evil.)
The hero occasionally breaks the seal himself due to lack of information or active manipulation by the villain.
Or perhaps it was awoken by unsuspecting miners or archaeologists who Dug Too Deep and found something better left buried and undisturbed — often ignoring every single warning they found before releasing it.
Oddly enough, no matter what the cause of the seal being broken, it seems to always happen 1,000 years after the evil was first sealed. Yet nobody ever seems to know that the evil is about to reemerge in that time frame.
The primary question is usually "Why did they just seal it, as opposed to KILL it?" Well, the answer tends to vary; but usually it's a variant of The Punishment (for both the sealed and everyone else), Thou Shalt Not Kill (heroes can take pity and/or show mercy towards the oddest things), and/or As Long as There is Evil. Maybe it couldn't be killed for good (or more commonly, the conditions weren't right to deal the final blow), so sealing it was the next best thing. Another common excuse is the Balance Between Good and Evil; if they'd killed the ancient evil, then a bigger, badder evil would've taken its place, thus sealing it away neutralizes the threat but also keeps it in the world and maintains the balance. For some reason, only on a very few occasions was the evil sealed simply because the good guys didn't have the power at the time to kill it outright. Or maybe it was killed and the method of breaking the seal was resurrecting it.
Expect the mere release of the SEIAC to cause a World-Wrecking Wave, Walking Wasteland, and sundry other disasters. That said, being cooped up for centuries is likely to have weakened the SEIAC, meaning it needs some time to recover its lost strength. This could mean that the hero(es) has a chance to seal it back up, or even destroy it once and for all.
Since this trope can be traced back to Greek mythology, it's Older Than Feudalism. Note that, minus your standard speculative fiction elements, it's functionally identical to a plot where a horrible criminal escapes from or is released from prison. Not to be confused with Exactly What It Says on the Tin — although your Evil-in-a-Can may be clearly labeled as such. But no one will ever read or believe the label.
This is an extremely common plot and backstory in video games, especially Role-Playing Games, because it's such a simple backstory: the Big Bad, put away by some ancient hero, has escaped. You (the player) must put them back in. Or, as mentioned above, the current Big Bad wishes to release the Greater-Scope Villain to use it’s power, and the hero must stop them.
Related Tropes
- Banishing Ritual: May result in a sealed evil, especially the "sealing" variation.
- Sealed Good in a Can: The good version.
- Sealed Badass in a Can: A neutral version of this trope.
- Girl in a Box: A neutral version specifically used for females.
- Leaking Can of Evil: An evil being is sealed away as per this trope, but in a way that allows it to still affect the world.
- Sealed Inside a Person-Shaped Can: The evil is imprisoned inside a living being.
- Sealed Army in a Can: One can is used for multiple evils (or goods).
- Sealed Evil in a Six Pack: One evil is sealed within multiple cans.
- Sealed Evil in a Duel: The evil is sealed away with an equally powerful good which will keep it occupied so it can't try to escape.
- Tailor-Made Prison: When the current generation makes its own can to (usually temporarily) imprison evildoers.
- Greater-Scope Villain: A particularly powerful Sealed Evil overshadows a setting but never manages to affect the plot directly enough to be a Big Bad.
Deader Than Dead
"We've got to verify it legally to see if she is morally, ethically, spiritually, physically, positively, absolutely, undeniably, and reliably dead."
Death is permanent, as we all know. Because people die when they are killed. In Real Life. In fictional works, however, this need not necessarily apply. In fiction, people regularly do come Back from the Dead. This is fine if they're on the side of the heroes, but once a villain has pulled this a couple of times it gets really old. The solution? Death is not enough, time to kill them Deader Than Dead. The actual implementation of a Deader Than Dead varies: Sometimes it requires killing more than one component of the target (often its soul and its body at the same time). Sometimes it requires following the dead to the afterlife and killing them there. Sometimes it involves tons and tons of Maximum Overkill that reduces the villain to a fine paste. Sometimes it involves having to kill them in a special way, or with a particular weapon. Sometimes it involves a sworn affidavit declaring they will never return. And sometimes some alternative to death (sometimes a "Fate Worse than Death") has to be found. For demons and the like, the latter often means "sealing" them somewhere, though more often than not, this is just a surefire way to end up with Sealed Evil in a Can. Your Soul Is Mine is an uncommon way of ensuring total death as well—pulling someone's literal life force out of their body and eating or smashing it is a good way to ensure that they're never coming back. On the other hand, if it's a story where resurrection requires a (mostly) intact body, it's simply a matter of making sure the body isn't intact.
Characters who come back from the dead while staying dead (i.e., the Undead) are a special case, but of course, being "dead" also has a very special meaning in this case.
If you have to rely on this trope often, it tells you that you have cheapened the meaning of "death" to the point of uselessness. Relying on it after you have already pulled it for the same character tells you that maybe you're lacking in imagination to come up with good characters.
Or it might be that the character is too popular or iconic (to the fans or the writer) to stay permanently dead. So, it's not really that surprising when they pull something out of left field and let someone use Time Travel to...
Ow! Ouch! Stop kicking me!
Common for important bosses in video games (see Non-Lethal K.O.), but not rare outside them either. Compare with Final Death and Rasputinian Death. Common ingredient in a Death by Origin Story. Often related to Cessation of Existence. This may be the function of an Immortal Breaker - it causes any being to completely obviated from existence (especially important if the immortal in question has Resurrective Immortality).
Older Than They Think — a Fairy Tale may outline the villain's death in graphic detail to ensure that, unlike the hero, they cannot come Back from the Dead. (Often, the Family-Unfriendly Death is proposed by the villain as a suitable punishment for his crimes, as a general principle.)
Despite the similar sounding name, not related to Harder Than Hard, although the attempt to kill someone Deader Than Dead is by no means easy. Related to Killed Off for Real, which results when the audience would have expected the Deader Than Dead character to come back.
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Sorting Algorithm of Deadness
On a scale of one to four, how dead is this guy?
It's a sad state of affairs when a beloved character dies; some fans won't even accept it as real, a predicament made all the more confusing because characters rarely stay dead. Because of this, fans love to speculate (morbidly) on the odds of a character coming Back from the Dead. The result is a kind of "Sorting Algorithm Of Deadness", where the circumstances, cause, genre, and reaction caused by a death are tallied up to see just how dead a character really is and the chances of their return.
To use the Algorithm, take each column's "Death Value", multiply it by the number of ticks in that column, add it all up and divide by the number of applicable rows.
Relative deadness factor
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Death Value
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3
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2
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1
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No One Could Survive That!, just plain killed in battle
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Body Found?
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At The Morgue, death witnessed and confirmed onscreen
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Reaction
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Last Words
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5-10 years ago
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Same year
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Died once, but got better
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To see calculations-of-permanence-of-death in action, see the Wild Mass Guess Sorting Algorithm of Deadness, where this table has been copied for clarity's sake. Also remember that the author may choose to subvert this trope and bring back a character no matter how 'dead' he should be, sometimes horrifically as an Undead or Reforged into a Minion. Of course, sometimes a low score on the algorithm is no guarantee that the character hasn't been Killed Off for Real.
See the Sorting Algorithm of Mortality to determine whether a character is likely to die in the first place.
Applied Phlebotinum
Why, this explains everything!
"Any sufficiently advanced technology is indistinguishable from a completely ad-hoc plot device"
Phlebotinumnote is the versatile substance that may be rubbed on anything to cause an effect needed by a plot. Examples include but are not limited to: nanotechnology, magic crystal emanations, pixie dust, and Green Rocks.
In essence, it is plot fuel. Without it, the story would grind to an abrupt halt. It's the science that powers the FTL drive on the starship so the characters can get somewhere, it's the magic that hatches the Egg MacGuffin so the protagonist can save an endangered species, it's the strange things unknown to science or magic that do basically anything except those limits and dangers required by the plot. The reader does not know how Phlebotinum would work and the creators hope nobody cares.
According to Joss Whedon, during the DVD commentary for the pilot episode of Buffy the Vampire Slayer, the term "phlebotinum" originates from Buffy writer (and Angel co-creator) David Greenwalt's sudden outburst: "Don't touch the phlebotinum!" apropos of nothing.Fun Fact
If the phlebotinum in question is simply a physical substance with unusual/extreme properties you are almost certainly dealing with the element Unobtainium.
A.K.A. Handwavium. Compare Author Powers, Hand Wave, MacGuffin, Deus ex Machina, and A Wizard Did It. Contrast Misapplied Phlebotinum. Not to be confused with Phlebotomy.
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Almost universally uttered after a character (usually a hero but sometimes a villain) takes a wild leap into the unknown as a way to escape pursuit and otherwise-inevitable capture — jumping off a high cliff or across a wide chasm, for instance. The pursuers then give up the chase, confident that their quarry has effectively committed suicide, and never go look for the body to make sure.
Of course, the moment someone says this, they've guaranteed that the person in question not only has survived, but will be coming back to spoil someone's day.
If it happens towards the end of a story, expect a Finger-Twitching Revival... after they've been buried under a ton of bricks.
If the villain's hand reaches up and grabs your ankle from below the ton of bricks / edge of the cliff, that's... a trope of its own.
A frequent variation is "Nothing human could have survived that," which usually heralds or underscores the discovery that the "victim" is either non- or super-human.
(This also frequently occurs with explosions and collapsing structures. When it's the hero caught in the explosion, it's possible that no one DID survive that if they weren't stalled by a Disney Death.)
Along with Nothing Can Stop Us Now! and What Could Possibly Go Wrong?, this is one of the things a Genre Savvycharacter should never ever ever say. In fact, they should Dope Slap anyone who does....
See also Left for Dead, Never Found the Body, Soft Water, Not Quite Dead, and Million-to-One Chance.
Opening a Can of Clones
"There's always a moment in an action star's career where they start doing movies starring more than one of themselves. I feel like it happens to everybody. It's like, 'What do we do, how do we keep this guy fresh? MORE of him!'"
In Speculative Fiction, Shape Shifters, robot duplicates and clones are exciting and can add a layer of ambiguity and suspense to a story. It will fill characters and viewers with paranoia and make for great shocking revelations. However, they can also completely derail said story and kill all drama when fans get lost in the forest of Epileptic Trees. The problem stems from the possibility that if clones, shape shifters, time travelers or body-hopping aliens can make and unmake plot points at whim, how can viewers be sure that a given story element is canon?
The reasoning here is similar to how a setting where Death Is Cheap takes away dramatic punch from future character deaths. By allowing for the existence of these duplicates the author basically has a huge Reset Button with giant neon lettering spelling out "Wanna bet this dramatic revelation, death or plot twist is here to stay?" These fears can be confirmed if an author starts Ret Conning events or casually undoing changes using these tropes.
The ur-trope of the Nineties, not just a popular gimmick in mainstream films (see Alien: Resurrection and The 6th Day), but in comic books (The Death of Superman), television (The X-Files) and video games (Metal Gear Solid) as well. Because clones and their usage were so obligatory (and over-saturated) for over a decade, they are regarded as something of a cop-out by the mainstream public. It's not that clones in themselves are bad, but stories involving them are so formulaic that any suspense grinds to a halt: there's never just one clone but several, and a story with clones can never fully dispel rumors that the lead survivor is, in fact, a clone.
A few things that may cause this reaction:
- Death Is Cheap via Expendable Clones.
- Overuse of the First Law of Resurrection inevitably makes any death suspect.
- Poor use of the Cloning Gambit.
- Revelation that what you killed was Actually a Doombot
A few ways to avoid this reaction:
- Ambiguous Clone Ending — Here the intention is to keep the audience guessing, rather than a side effect.
- Glamour Failure — Clones can't blend in due to give-away features.
- Imposter Forgot One Detail — The clone/shape shifter can't copy the personality of the original person.
- This Was His True Form — If the shape shifter reverts to their default form, then reviving a dead character this way is impossible.
Second Law of Metafictional Thermodynamics
The entropy of a fictional system whose writer is not in emotional equilibrium will tend to increase over time, approaching a maximum value at the writer's emotional equilibrium.
There's no other way to say it: writers like killing and destroying. Nothing makes them happier than having people die or Stuff Blowing Up. (In their writing, not in their real-world behavior. We're sure about this. Mostly.) It's the quickest way to get drama, too.
.) It's the quickest way to get drama, too.
Unfortunately, writers cannot destroy all their fictional creations without ruining the story. Some of those creations have Contractual Immortality. Even when they don't, killing characters off or nuking cities can change the flow of a story in rather unfortunate ways. And destroying everything means there's no more story, and thus no more paychecks for the writer.
As a result, when there is anything expendable, writers will expend it. If the writer can bring people back to life by pushing the Reset Button, then people will die as long as the button is there. If a city has been evacuated, that city will go down in flames. Atomic flames, preferably. If it hasn't been evacuated, the writers can blow it up anyway if no named characters are there. It's not like readers will be upset, right? After all, A Million Is a Statistic. And a character in a Prequel that wasn’t in the original work? Don’t get too attached to them.
The less often the writers get to do this, the more pyrotechnics they pack in. When everything is expendable (like in a show with Negative Continuity), the writers will increase their system's entropy at a leisurely pace. One death an episode or so will do. If almost everything has Contractual Immortality, then killable characters and inflammable places are rare treats, and the writers will spring on them like the proverbial hungry wolves on a sheep.
At times, some writers seem to be working out their stress by destroying fictional people and places. The carnage is always greatest at the moment the writer gets better, since they will increase the entropy until their self-therapy finally works. Needless to say, Creator Breakdown and Darker and Edgier almost inevitably leads to higher entropy.
This is the reason for the following tropes:
The Trope Name is a reference to the Second Law of Thermodynamics, which states that everything in nature increasingly trends towards disorder (or entropy, to be more accurate.) A similar naming convention was used for the First Law of Metafictional Thermodynamics.
This article deals with the reasons that have led to an increasing abandonment of the concept of ‘ideology’ and with the basis of its possible reemergence. The abandonment of the concept is explained on the one hand by its increasing inflation accompanying the crisis of a holistic and naturalistic conception of the social, and on the other hand by the erosion of those metalinguistic positions which provided a neutral viewpoint from which to expose the various forms of a distorted consciousness. Consequently, the ‘ideological’ invaded the totality of the social field and lost all analytic value. It is argued that the notion of ‘distortion’ cannot be abandoned, as far as a post‐ ‘critique of ideology’ approach asserts that the illusion of closure is the main source of a distorted consciousness. The conditions of possibility of a constitutive distortion are then explored in connection with the logic of equivalence in the production of social meaning. The results of this analysis are illustrated through three examples: the distinction between ‘thick’ and ‘thin’ morality in Michael Walzer, the construction of a ‘beyond all differences’ in mystical discourse, and the structure of myth in Georges Sorel. Some general conclusions follow on the working of the ideological and the (impossible) conditions of its extinction.
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KIRY K. GRAY
Clerk of Court
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
312 North Spring Street, Room G-8 Los Angeles, CA 90012
(213) 894-3535
SOUTHERN DIVISION
411 West Fourth Street, Suite 1053 Santa Ana, CA 92701-4516
(714) 338-4750
EASTERN DIVISION
3470 Twelfth Street, Room 134
Riverside, CA 92501
(951) 328-4450
Dear Sir/Madam:
Please find enclosed the following documents:
• One copy of United States Code, Title 28, Sections
• One copy of the Rules Governing Section 2254R inclusionary Cases in the United States District Courts in defining clinical psychology the study of man.
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Common Law rule that a person “who has not been heard from for 7 years is presumed dead.” See In re Estate of Dawson, 346 So. 2d 386, 391 (Ala. 1977), Kyser v. McGlinn, 207 Ala. 82, 92 So. 13 (1921); Walker v. Walker, 218 Ala. 16, 117 So. 472 (1928); Eisenberg v. Stein, 222 Ala. 576, 133 So. 281 (1931);
In a New York case from 1900, a wife brought a lawsuit against an insurance carrier for payment of her husband’s $2,000 policy, nine years after he disappeared. The insurance company settled with the wife for $666.00, with the remainder to be held in trust in the event the husband was alive. Twelve days after entering the agreement, the long lost husband was found alive. Sears v. Grand Lodge A. O. U. W., 163 N.Y. 374 (N.Y. 1900).
The Court held the $666.00 had to be paid to the wife, as it was the basis of a settlement agreement that had been lawfully entered into to end the litigation. Additionally, the company planned to hold the remainder in trust in the event the husband was found alive. You cannot contract to end litigation and plan to pay out zero for a settlement. Id.
What legal lessons could we apply to Resurrection? First, marriages end at the death of one spouse (See, Cal Fam Code § 2201). As such, a dead person coming back to life would not reinstate a marriage (or invalidate a subsequent one), because the resurrected spouse had died, thus ending the marriage.
The same argument could be made for insurance policy payments. The insured met the contractual requirement of death, which obligates insurance companies to pay. The fact a person returns to the living after years of being actually dead would not invalidate performance under the policy. The condition for performance was met (death) and policies do not include provisions for the dead returning to life after decades.
Insurance company attorneys would demand a change to all future policies, requiring that in the event of an insured returning back to life, the policy distribution be repaid. Whether or not that would make insurance contracts illusory and not enforceable would have to be tested in Court. Statutes of limitations would also have to be examined.
The dead returning to life would require a fundamental change to our laws over marriages, insurance policies, property rights and inheritance. Society has not planned for resurrections happening, because the dead stay dead. We will continue to explore these issues as the series progresses.
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CORPORAL REMANDS WITH MIDAS LIKE TOUCH SOFTWARE PRODUCTS
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• Mythical Animals in the Bible
• Leviathans and Behemoths
• More Animals! - Get our Newsletter!
• Leviathans are found five times, by name, in four KJV translation Old Testament Bible verses. The animal is described in Job 41, Psalm 74:14, Psalm 104:26, and Isaiah 27:1. All references are derived from the Hebrew word livyathan (Strong's Concordance #H3882).
• The Behemoth is found only in Job 40:15 and is described in verses 15 to 24. Its name comes from the Hebrew word spelled like its English counterpart (Strong's #H930). Of all the mythical beasts examined in this series, the characteristics of these two are discussed in greater detail than any other found in God's word.
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• Canst thou draw out leviathan with an hook? or his tongue with a cord which thou lettest down? (Job 41:1,
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• he angel threw him into the bottomless pit, which he then shut and locked so Satan could not deceive the nations anymore until the thousand years were finished. Afterward he must be released for a little while.
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• KJV)
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• Thou brakest the heads of leviathan in pieces, and gavest him to be meat . . . (Psalm 74:14)
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• Behold now behemoth, which I (God) made with thee; he eateth grass as an ox . . . (Job 40:15).
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• In that day the LORD . . . shall punish leviathan the piercing serpent . . . (Isaiah 27:1)
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• When did the world's continents divide?
• The Greatest Events in the Bible!
• Does God approve of eating animals?
Genesis 3:19
By the sweat of your face You will eat bread, Till you return to the ground, Because from it you were taken; For you are dust, And to dust you shall return."
• Numbers 19:13
• 'Anyone who touches a corpse, the body of a man who has died, and does not purify himself, defiles the tabernacle of the LORD; and that person shall be cut off from Israel. Because the water for impurity was not sprinkled on him, he shall be unclean; his uncleanness is still on him.
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• UNDER UMBILLICAL AND UNDER GODS
• The States Parties to the present Convention,
• Considering the fundamental role of treaties in the history of international rela
• tions,
• Recognizing the ever-increasing importance of treaties as a source of interna
• tional law and as a means of developing peaceful co-operation among nations,
• whatever their constitutional and social systems,
• Noting that the principles of free consent and of good faith and the pacta sunt
• servanda rule are universally recognized,
• Affirming that disputes concerning treaties, like other international disputes,
• should be settled by peaceful means and in conformity with the principles of justice
• and international law,
• Recalling the determination of the peoples of the United Nations to establish
• conditions under which justice and respect for the obligations arising from treaties
• can be maintained,
• Having in mind the principles of international law embodied in the Charter of
• the United Nations, such as the principles of the equal rights and self-determination
• of peoples, of the sovereign equality and independence of all States, of non
• interference in the domestic affairs of States, of the prohibition of the threat or use of
• force and of universal
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• New Living Translation
• The angel threw him into the bottomless pit, which he then shut and locked so Satan could not deceive the nations anymore until the thousand years were finished. Afterward he must be released for a little while.
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• English Standard Version
• and threw him into the pit, and shut it and sealed it over him, so that he might not deceive the nations any longer, until the thousand years were ended. After that he must be released for a little while.
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• Berean Study Bible
• And he threw him into the Abyss, shut it, and sealed it over him, so that he could not deceive the nations until the thousand years were complete. After that, he must be released for a brief period of time.
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• Berean Literal Bible
• And he cast him into the Abyss, and shut and sealed it over him, so that he should not deceive the nations any longer, until the thousand years were completed. After these things it is necessary for him to be released for a little time.
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• New American Standard Bible
• and he threw him into the abyss, and shut it and sealed it over him, so that he would not deceive the nations any longer, until the thousand years were completed; after these things he must be released for a short time.
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• King James Bible
• And cast him into the bottomless pit, and shut him up, and set a seal upon him, that he should deceive the nations no more, till the thousand years should be fulfilled: and after that he must be loosed a little season.
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• Christian Standard Bible
• He threw him into the abyss, closed it, and put a seal on it so that he would no longer deceive the nations until the thousand years were completed. After that, he must be released for a short time.
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• Contemporary English Version
• Then the angel threw the dragon into the pit. He locked and sealed it, so 1,000 years would go by before the dragon could fool the nations again. But after that, it would have to be set free for a little while.
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• Good News Translation
• The angel threw him into the abyss, locked it, and sealed it, so that he could not deceive the nations any more until the thousand years were over. After that he must be set loose for a little while.
•
• Holman Christian Standard Bible
• He threw him into the abyss, closed it, and put a seal on it so that he would no longer deceive the nations until the 1,000 years were completed. After that, he must be released for a short time.
•
• International Standard Version
• He threw him into the bottomless pit, locked it, and sealed it over him to keep him from deceiving the nations anymore until the thousand years were over. After that, he must be set free for a little while.
•
• NET Bible
• The angel then threw him into the abyss and locked and sealed it so that he could not deceive the nations until the one thousand years were finished. (After these things he must be released for a brief period of time.)
•
• New Heart English Bible
• and cast him into the abyss, and shut it, and sealed it over him, that he should deceive the nations no more, until the thousand years were finished. After this, he must be freed for a short time.
•
• Study Bible
• Satan Bound
• …2
•
• He seized the dragon, the ancient serpent who is the devil and Satan, and bound him for a thousand years.
•
•
•
•
•
•
•
• And he threw him into the Abyss, shut it, and sealed it over him, so that he could not deceive the nations until the thousand years were complete.
•
•
•
• After that, he must be released for a brief period of time.
•
•
• 4Then I saw the thrones, and those seated on them had been given authority to judge. And I saw the souls of those who had been beheaded for their testimony of Jesus and for the word of God, and those who had not worshiped the beast or its image, and had not received its mark on their foreheads or hands.
•
•
•
• And they came to life and reigned with Christ for a thousand years.…
• Berean Study Bible • Download
• Cross References
• Daniel 6:17
• A stone was brought and laid over the mouth of the den; and the king sealed it with his own signet ring and with the signet rings of his nobles, so that nothing would be changed in regard to Daniel.
•
• Matthew 27:66
• So they went and secured the tomb by sealing the stone and posting the guard.
•
• Mark 4:15
• Some are like the seeds along the path, where the word is sown. As soon as they hear it, Satan comes and takes away the word that was sown in them.
•
• Luke 8:31
• And the demons kept begging Jesus not to order them to go into the abyss.
•
• Revelation 12:9
• And the great dragon was hurled down--the ancient serpent called the devil and Satan, the deceiver of the whole world. He was hurled to the earth, and his angels with him.
•
• Revelation 20:1
• Then I saw an angel coming down from heaven with the key to the Abyss, holding in his hand a great chain.
•
• Revelation 20:8
• and will go out to deceive the nations in the four corners of the earth, Gog and Magog, to assemble them for battle. Their number is like the sand o
•
•
•
• Numbers 35:31 "'Do not accept a ransom for the life of a murderer ...
•
• ... Moreover you shall take no ransom for the life of a murderer, who is
• guilty of death: but he shall be surely put to death. ...
• //biblehub.com/numbers/35-31.htm - 18k
• Exodus 21:12 "Anyone who strikes a person with a fatal blow is to ...
•
• ... He that strikes a man, so that he dies, shall be surely put to death. ... He that
• smiteth a man, so that he die, shall be surely put to death. ...
• //biblehub.com/exodus/21-12.htm - 16k
• Exodus 21:15 "Anyone who attacks their father or mother is to be ...
•
• ... And he that strikes his father, or his mother, shall be surely put to death. ... And
• he that smiteth his father, or his mother, shall be surely put to death. ...
• //biblehub.com/exodus/21-15.htm - 17k
• Leviticus 20:9 "'Anyone who curses their father or mother is to be ...
•
• ... For every one that curses his father or his mother shall be surely put to death:
• he has cursed his father or his mother; his blood shall be upon him. ...
• //biblehub.com/leviticus/20-9.htm - 18k
• Exodus 19:12 Put limits for the people around the mountain and ...
•
• ... about, saying, Take heed to yourselves, that you go not up into the mount, or touch
• the border of it: whosoever touches the mount shall be surely put to death: ...
• //biblehub.com/exodus/19-12.htm - 19k
• Numbers 15:35 Then the LORD said to Moses, "The man must die. The ...
•
• ... And the LORD said unto Moses, The man shall be surely put to death: all the
• congregation shall stone him with stones outside the camp. ...
• //biblehub.com/numbers/15-35.htm - 18k
• Leviticus 27:29 "'No person devoted to destruction may be ransomed ...
•
• ... 'No devoted thing, which is devoted of man, is ransomed, it is surely put to death. ...
• //biblehub.com/leviticus/27-29.htm - 17k
• Genesis 26:11 So Abimelek gave orders to all the people: "Anyone ...
•
• So Abimelek gave orders to all the people: "Anyone who harms this
• man or his wife shall surely be put to death." ...
• //biblehub.com/genesis/26-11.htm - 17k
• 1 Samuel 19:6 Saul listened to Jonathan and took this oath: "As ...
•
• Saul listened to Jonathan and took this oath: "As surely as
• the LORD lives, David will not be put to death." ...
• //biblehub.com/1_samuel/19-6.htm - 19k
• Leviticus 24:16 anyone who blasphemes the name of the LORD is to ...
•
• ... Whoever blasphemes the name of the LORD shall surely be put to death. ... and one
• who misuses the name of the LORD must surely be put to death. ...
• //biblehub.com/leviticus/24-16.htm - 20k
• Leviticus 20:10 "'If a man commits adultery with another man's ...
•
• ... committeth adultery with a man's wife -- who committeth adultery with the wife of
• his neighbour -- the adulterer and the adulteress are surely put to death. ...
• //biblehub.com/leviticus/20-10.htm - 18k
• Leviticus 20:27 "'A man or woman who is a medium or spiritist ...
•
• ... “A man or a woman who is a medium or a necromancer shall surely be put
• to death. They shall be stoned with stones; their blood ...
• //biblehub.com/leviticus/20-27.htm - 18k
• Leviticus 20:15 "'If a man has sexual relations with an animal, he ...
•
• ... If a man lies with an animal, he shall surely be put
• to death, and you shall kill the animal. ...
• //biblehub.com/leviticus/20-15.htm - 17k
• Exodus 22:19 "Anyone who has sexual relations with an animal is to ...
•
• ... "Whoever lies with an animal shall surely be put to death. ... "Whoever has
• sexual relations with a beast must surely be put to death. ...
• //biblehub.com/exodus/22-19.htm - 16k
• Exodus 21:16 "Anyone who kidnaps someone is to be put to death ...
•
• ... "He who kidnaps a man, whether he sells him or he is found
• in his possession, shall surely be put to death. ...
• //biblehub.com/exodus/21-16.htm - 17k
•
•
• One copy of Local Rules 72-3 and 83-16
• In an outfit thereupon this copies of this Court's form Petition for Writ of Habeas Corpus by a Person Either tn a Resurrected Resurrection an Now Pronounced Dead or Expiration State
•
• the ways and means if natural and Sanctified by GODS of either Purgatorious like or Sepulcher like description the Re constituted or MAGIC SHOW need to re construct or a once thought never the case as the matters of dearly departed and that of the deceased expired mummified and or in a now pronounced ther dead the Emulsifiedand wvery and any well to do with GODS WORD S BY WHICH any who stipulate let no Lucipherian like evil as they who Satanic ly rectal inseminate rape kill, or Nuke sodomize the same at when a known to be deal with the Devil to get exchange energies for any who ackwowledged to end our and every living thing in creation and by either n agrreed upon vehicle like radio and T elevised in an act of Anti Christ like bAnti GOD LIKE mis leading intention including a false oath to belongings the stipulation being not any lessor than three of their equivelannt regard in as a defini8ng chapters of human like people I see and any to stipulate an equuvelant the same in actions to identify an destination placard and Cemetery like orderly process where all innocent qnd elderl ly at the cstipulaqtion being given at let no cemeteries of life's be an evolution and phase advance in the affirmative and resiouviours of GODS TO say detain or storage inbody an right to shape reshape mold hold embryo stipulate egg seed enzyme as neither an mutant 2nd or third cross stranded lessor dna mitoichondria emerge in a homo sapiens erecrtrus even wiomenkind and kin folk photo genesisize synthesis as any who share the sense s of stable and more effective ways of restablishing an Creation and pro creation reproductive like assimilations of either these and in your
•
•
• prerogative in life or critical life support atmoshperic linegfes and in planktons photo synthesetic be it called a firmament of in the Beginnings GOD Created the srtars rthe moons and in any and every either unuiverses or cosmos in beyind the a scope of human like I Steven who by stipulating the said to be stipulated either when an words we use to describe either when two are one and more so the micrso cosmicbhalance wheels in time travelled time passages in any to stipulate LET IT BE UP TO GOOD GODS AND all to do with let no evil lucipherian mitochondria infusement like rectal or association in any way shape and if or or nah form an flyby saucer cab abuse in these identiical mankind upright and aggregate boundarys in an statutary inclusion unto self as others
•
• nno tolerance the a better regard for onsented like NEWS STIPULATIONS IN THE ACT I SEE
•
•
•
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• like sudden appearances of and in either phony people as though to stipulate the Lord in GOD to Case by case magic people or the pulled out of an
•
• dance glance p
•
• Three copies of this Court's form P
• the saucer conveyance regression retransformated State Custody (28 U.S.C.
§ 2254) (Form CV-69)
• Two copies of this Court's form Consent to Proceed Before a United States Magistrate Judge (Form CV-11B)
The Judges of this Court have adopted the enclosed form Petition for Writ of Habeas Corpus by a Person in State Custody (28 U.S.C. § 2254) (Form CV-69) for use by everyone seeking such relief. Please review the form's instructions carefully and comply with its requirements. When you have fully completed the form, return the original and one copy to the Court for filing; keep the last copy for your records. You may return these documents to the Court either by mail or in person at any of the locations listed above. If you return the documents by mail and wish to receive a conformed copy of the first page of your motion (that is, a copy of the first page of your motion showing the filing date and case number), you must include an additional copy of that page and a self-addressed, stamped envelope. Whether or not you include a self-addressed, stamped envelope, after your documents have been filed you will receive a notice from the Court informing you of the case number and judge(s) assigned to your case.
The filing fee for a Petition for Writ of Habeas Corpus is $5.00. The Court will accept business or corporate checks (no personal checks), federal, state, or local government-issued checks, certified checks, and U.S. Postal Service money orders, made payable to: "Clerk, U.S. District Court." Credit cards (Mastercard, Visa, Discover, American Express) are also accepted for payments made at any payment window where receipts are issued.
If you are without funds, execute the Declaration to Proceed in Forma Pauperis contained within the Petition for Writ of Habeas Corpus form. In addition to the declaration, an authorized officer of the institution must complete the Certificate contained in the Declaration to Proceed in Forma Pauperis certifying how much money the institution has on deposit in your account.
CONSENT TO A MAGISTRATE JUDGE
In order to encourage the just, speedy, and inexpensive determination of habeas cases filed in this district, the parties may waive their right to proceed before a district judge and consent to magistrate judge jurisdiction. In accordance with 28 U.S.C. § 636(c), upon the consent of all the parties to such jurisdiction, the magistrate judge assigned to this case will conduct all proceedings, decide all dispositive and non-dispositive matters, and order the entry of the final judgment. The party who does not prevail may appeal directly to the Ninth Circuit Court of Appeals in the same manner as an appeal from the final judgment of a district judge.
The judges of this court encourage the parties to consent to magistrate judge jurisdiction as it may result in an earlier resolution of the matter. However, you are free to withhold consent to magistrate judge jurisdiction. If you do not consent, the assigned magistrate judge will continue to decide all non-dispositive matters, and will issue a Report and Recommendation to the district judge as to all dispositive matters.
If you do consent to magistrate judge jurisdiction, you should execute and return the enclosed Consent to Proceed Before a United States Magistrate Judge form (CV-11B) with your petition.
Sincerely,
Clerk, U. S. District Court
CV-76A (4/16) LETTER ENCLOSING HABEAS CORPUS FORMS FOR STATE CUSTODY
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES CODE SECTIONS
TITLE 28 UNITED STATES CODE
§ 636. JURISDICTION, POWERS, AND TEMPORARY ASSIGNMENT
• Each United States magistrate judge serving under this chapter shall be implicit upon directories of the dearly departed and there masters either rights to leave undone and any who have dundered done up killed emulsified or swallowed whole asi s now deciding never to allow another gulp as she the court reported as certifiably accurate to detail these appendages sin another either distant placard destination in matter of when a number of billions of dearly departed the she he would never en stipulating to live on not a bothered in ;like forever either see through with or in another an orgasm in my tummy is neither the right scolding to have a way with wise ist nicht is he have within the district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law--
• all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts;
• the power to administer oaths and affirmations, issue orders pursuant to section 3142 of title 18 concerning release or detention of persons pending trial, and take acknowledgements, affidavits, and depositions;
• the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limitations of that section;
• the power to enter a sentence for a petty offense; and
• the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented.
• (1) Notwithstanding any provision of law to the contrary--
• a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge's order is clearly erroneous or contrary to law.
• a judge may also designate a magistrate judge to conduct hearings, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any motion excepted in subparagraph (A), of applications for posttrial [FN1] relief made by individuals convicted of criminal offenses and of prisoner petitions challenging conditions of confinement.
• the magistrate judge shall file his proposed findings and recommendations under subparagraph(B) with the court and a copy shall forthwith be mailed to all parties.
Within fourteen 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. 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
28 U.S.C. §§ 636, 2244(d), 2254 (1/16) PAGE 1 of 8
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES CODE SECTIONS
court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.
• A judge may designate a magistrate judge to serve as a special master pursuant to the applicable provisions of this title and the Federal Rules of Civil Procedure for the United States district courts. A judge may designate a magistrate judge to serve as a special master in any civil case, upon consent of the parties, without regard to the provisions of rule 53(b) of the Federal Rules of Civil Procedure for the United States district courts.
• A magistrate judge may be assigned such additional duties as are not inconsistent with the Constitution and laws of the United States.
• Each district court shall establish rules pursuant to which the magistrate judges shall discharge their duties.
• Notwithstanding any provision of law to the contrary--
• Upon the consent of the parties, a full-time United States magistrate judge or a part-time United States magistrate judge who serves as a full-time judicial officer may conduct any or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the case, when specially designated to exercise such jurisdiction by the district court or courts he serves. Upon the consent of the parties, pursuant to their specific written request, any other part-time magistrate judge may exercise such jurisdiction, if such magistrate judge meets the bar membership requirements set forth in section 631(b)(1) and the chief judge of the district court certifies that a full-time magistrate judge is not reasonably available in accordance with guidelines established by the judicial council of the circuit. When there is more than one judge of a district court, designation under this paragraph shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge.
• If a magistrate judge is designated to exercise civil jurisdiction under paragraph (1) of this subsection, the clerk of court shall, at the time the action is filed, notify the parties of the availability of a magistrate judge to exercise such jurisdiction. The decision of the parties shall be communicated to the clerk of court. Thereafter, either the district court judge or the magistrate judge may again advise the parties of the availability of the magistrate judge, but in so doing, shall also advise the parties that they are free to withhold consent without adverse substantive consequences. Rules of court for the reference of civil matters to magistrate judges shall include procedures to protect the voluntariness of the parties' consent.
• Upon entry of judgment in any case referred under paragraph (1) of this subsection, an aggrieved party may appeal directly to the appropriate United States court of appeals from the judgment of the magistrate judge in the same manner as an appeal from any other judgment of a district court. The consent of the parties allows a magistrate judge designated to exercise civil jurisdiction under paragraph (1) of this subsection to direct the entry of a judgment of the district court in accordance with the Federal Rules of Civil Procedure. Nothing in this paragraph shall be construed as a limitation of any party's right to seek review by the Supreme Court of the United States.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES CODE SECTIONS
• The court may, for good cause shown on its own motion, or under extraordinary circumstances shown by any party, vacate a reference of a civil matter to a magistrate judge under this subsection.
• The magistrate judge shall, subject to guidelines of the Judicial Conference, determine whether the record taken pursuant to this section shall be taken by electronic sound recording, by a court reporter, or by other means.
• The practice and procedure for the trial of cases before officers serving under this chapter shall conform to rules promulgated by the Supreme Court pursuant to section 2072 of this title.
• Contempt authority.--
• In general. --A United States magistrate judge serving under this chapter shall have within the territorial jurisdiction prescribed by the appointment of such magistrate judge the power to exercise contempt authority as set forth in this subsection.
• Summary criminal contempt authority. --A magistrate judge shall have the power to punish summarily by fine or imprisonment, or both, such contempt of the authority of such magistrate judge constituting misbehavior of any person in the magistrate judge's presence so as to obstruct the administration of justice. The order of contempt shall be issued under the Federal Rules of Criminal Procedure.
• Additional criminal contempt authority in civil consent and misdemeanor cases. --In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge shall have the power to punish, by fine or imprisonment, or both, criminal contempt constituting disobedience or resistance to the magistrate judge's lawful writ, process, order, rule, decree, or command. Disposition of such contempt shall be conducted upon notice and hearing under the Federal Rules of Criminal Procedure.
• Civil contempt authority in civil consent and misdemeanor cases. --In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge may exercise the civil contempt authority of the district court. This paragraph shall not be construed to limit the authority of a magistrate judge to order sanctions under any other statute, the Federal Rules of Civil Procedure, or the Federal Rules of Criminal Procedure.
• Criminal contempt penalties. --The sentence imposed by a magistrate judge for any criminal contempt provided for in paragraphs (2) and (3) shall not exceed the penalties for a Class C misdemeanor as set forth in sections 3581(b)(8) and 3571(b)(6) of title 18.
• Certification of other contempts to the district court. --Upon the commission of any such act–
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES CODE SECTIONS
• in any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, or in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, that may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by penalties exceeding those set forth in paragraph (5) of this subsection, or
• in any other case or proceeding under subsection (a) or (b) of this section, or any other statute, where--
• the act committed in the magistrate judge's presence may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by penalties exceeding those set forth in paragraph (5) of this subsection,
• the act that constitutes a criminal contempt occurs outside the presence of the magistrate judge, or
• the act constitutes a civil contempt,
the magistrate judge shall forthwith certify the facts to a district judge and may serve or cause to be served, upon any person whose behavior is brought into question under this paragraph, an order requiring such person to appear before a district judge upon a day certain to show cause why that person should not be adjudged in contempt by reason of the facts so certified. The district judge shall thereupon hear the evidence as to the act or conduct complained of and, if it is such as to warrant punishment, punish such person in the same manner and to the same extent as for a contempt committed before a district judge.
• Appeals of magistrate judge contempt orders.--The appeal of an order of contempt under this subsection shall be made to the court of appeals in cases proceeding under subsection (c) of this section. The appeal of any other order of contempt issued under this section shall be made to the district court.
• In an emergency and upon the concurrence of the chief judges of the districts involved, a United States magistrate judge may be temporarily assigned to perform any of the duties specified in subsection (a), (b), or (c) of this section in a judicial district other than the judicial district for which he has been appointed. No magistrate judge shall perform any of such duties in a district to which he has been temporarily assigned until an order has been issued by the chief judge of such district specifying (1) the emergency by reason of which he has been transferred, (2) the duration of his assignment, and (3) the duties which he is authorized to perform. A magistrate judge so assigned shall not be entitled to additional compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of his duties in accordance with section 635.
• A United States magistrate judge may perform the verification function required by section 4107 of title 18, United States Code. A magistrate judge may be assigned by a judge of any United States district court to perform the verification required by section 4108 and the appointment of counsel authorized by section 4109 of title 18, United States Code, and may perform such
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES CODE SECTIONS
functions beyond the territorial limits of the United States. A magistrate judge assigned such functions shall have no authority to perform any other function within the territory of a foreign country.
• A United States magistrate judge who has retired may, upon the consent of the chief judge of the district involved, be recalled to serve as a magistrate judge in any judicial district by the judicial council of the circuit within which such district is located. Upon recall, a magistrate judge may receive a salary for such service in accordance with regulations promulgated by the Judicial Conference, subject to the restrictions on the payment of an annuity set forth in section 377 of this title or in subchapter III of chapter 83, and chapter 84, of title 5 which are applicable to such magistrate judge. The requirements set forth in subsections (a), (b)(3), and (d) of section 631, and paragraph (1) of subsection (b) of such section to the extent such paragraph requires membership of the bar of the location in which an individual is to serve as a magistrate judge, shall not apply to the recall of a retired magistrate judge under this subsection or section 375 of this title. Any other requirement set forth in section 631(b) shall apply to the recall of a retired magistrate judge under this subsection or section 375 of this title unless such retired magistrate judge met such requirement upon appointment or reappointment as a magistrate judge under section 361.
[FN1 So in original. Probably should be "post-trial."]
§ 2244. FINALITY OF DETERMINATION
* * *
• (1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of--
• the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
• the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action;
• the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
• the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES CODE SECTIONS
§ 2254. STATE CUSTODY; REMEDIES IN FEDERAL COURTS
• The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.
• (1) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that--
• the applicant has exhausted the remedies available in the courts of the State; or
• (i) there is an absence of available State corrective process; or
(ii) circumstances exist that render such process ineffective to protect the rights of the applicant.
• An application for a writ of habeas corpus may be denied on the merits, notwithstanding the failure of the applicant to exhaust the remedies available in the courts of the State.
• A State shall not be deemed to have waived the exhaustion requirement or be estopped from reliance upon the requirement unless the State, through counsel, expressly waives the requirement.
• An applicant shall not be deemed to have exhausted the remedies available in the courts of the State, within the meaning of this section, if he has the right under the law of the State to raise, by any available procedure, the question presented.
• An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim--
• resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or
• resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.
• (1) In a proceeding instituted by an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court, a determination of a factual issue made by a State court shall be presumed to be correct. The applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence.
• If the applicant has failed to develop the factual basis of a claim in State court proceedings, the court shall not hold an evidentiary hearing on the claim unless the applicant shows that--
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES CODE SECTIONS
• the claim relies on--
• a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or
• a factual predicate that could not have been previously discovered through the exercise of due diligence; and
• the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense.
• If the applicant challenges the sufficiency of the evidence adduced in such State court proceeding to support the State court's determination of a factual issue made therein, the applicant, if able, shall produce that part of the record pertinent to a determination of the sufficiency of the evidence to support such determination. If the applicant, because of indigency or other reason is unable to produce such part of the record, then the State shall produce such part of the record and the Federal court shall direct the State to do so by order directed to an appropriate State official. If the State cannot provide such pertinent part of the record, then the court shall determine under the existing facts and circumstances what weight shall be given to the State court's factual determination.
• A copy of the official records of the State court, duly certified by the clerk of such court to be a true and correct copy of a finding, judicial opinion, or other reliable written indicia showing such a factual determination by the State court shall be admissible in the Federal court proceeding.
• Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought under this section, and any subsequent proceedings on review, the court may appoint counsel for an applicant who is or becomes financially unable to afford counsel, except as provided by a rule promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel under this section shall be governed by section 3006A of title 18.
• The ineffectiveness or incompetence of counsel during Federal or State collateral post- conviction proceedings shall not be a ground for relief in a proceeding arising under section 2254.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
RULES GOVERNING 2254 CASES
RULES GOVERNING SECTION 2254 CASES IN THE UNITED STATES DISTRICT COURTS
Rule 1. Scope
• Cases Involving a Petition under 28 U.S.C. § 2254. These rules govern a petition for a writ of habeas corpus filed in a United States district court under 28 U.S.C § 2254 by:
• by a person in custody under a state-court judgment who seeks a determination that the custody violates the Constitution, laws, or treaties of the United States;
• a person in custody under a state-court or federal-court judgment who seeks a determination that future custody under a state-court judgment would violate the Constitution, laws, or treaties of the United States.
• Other Cases. The district court may apply any or all of these rules to a habeas corpus petition not covered by Rule 1(a).
Rule 2. The Petition
• Current Custody; Naming the Respondent. If the petitioner is currently in custody under a state-court judgment, the petition must name as respondent the state officer who has custody.
• Future Custody; Naming the Respondents and Specifying the Judgment. If the petitioner is not yet in custody — but may be subject to future custody — under the state-court judgment being contested, the petition must name as respondents both the officer who has current custody and the attorney general of the state where the judgment was entered. The petition must ask for relief from the state-court judgment being contested.
• Form. The petition must:
• specify all the grounds for relief available to the petitioner;
• state the facts supporting each ground;
• state the relief requested;
• be printed, typewritten, or legibly handwritten; and,
• be signed under penalty of perjury by the petitioner or by a person authorized to sign it for the petitioner under 28 U.S.C. § 2242.
• Standard Form. The petition must substantially follow either the form appended to these rules or a form prescribed by a local district-court rule. The clerk must make forms available to petitioners without charge.
• Separate Petitions for Judgments of Separate Courts. A petitioner who seeks relief from judgments of more than one state court must file a separate petition covering the judgment or judgments of each court.
Rule 3. Filing the Petition; Inmate Filing
• Where to File: Copies; Filing Fee. An original and two copies of the petition must be filed with the clerk and must be accompanied by:
• the applicable filing fee, or
• a motion for leave to proceed in forma pauperis, the affidavit required by 28 U.S.C. § 1915, and a certificate from the warden or other appropriate officer of the place of confinement showing the amount of money or securities that the petitioner has in any account in the institution.
• Filing. The clerk must file the petition and enter it on the docket.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
RULES GOVERNING 2254 CASES
• Time to File. The time for filing a petition is governed by 28 U.S.C. § 2244(d).
• Inmate Filing. A paper filed by an inmate confined in an institution is timely if deposited in the institution’s internal mailing system on or before the last day of filing. If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule. Timely filing may be shown by a declaration in compliance with 28 U.S.C. § 1746 or by a notarized statement, either of which must set forth the date of deposit and state that first-class postage has been prepaid.
Rule 4. Preliminary Review; Serving the Petition and Order
The clerk must promptly forward the petition to a judge under the court’s assignment procedure, and the judge must promptly examine it. If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner. If the petition is not dismissed, the judge must order the respondent to file an answer, motion, or other response within a fixed time, or to take other action the judge may order. In every case, the clerk must serve a copy of the petition and any order on the respondent and on the attorney general or other appropriate officer of the state involved.
Rule 5. The Answer and the Reply
• When Required. The respondent is not required to answer the petition unless a judge so orders.
• Contents: Addressing the Allegations; Stating a Bar. The answer must address the allegations in the petition. In addition, it must state whether any claim in the petition is barred by a failure to exhaust state remedies, a procedural bar, non-retroactivity, or a statute of limitations.
• Contents: Transcripts. The answer must also indicate what transcripts (of pretrial, trial, sentencing , or post-conviction proceedings) are available, when they can be furnished, and what proceedings have been recorded but not transcribed. The respondent must attach to the answer parts of the transcript that the respondent considers relevant. The judge may order that the respondent furnish other parts of existing transcripts or that parts of untranscribed recordings be transcribed and furnished. If a transcript cannot be obtained, the respondent may submit a narrative summary of the evidence.
• Contents: Briefs on Appeal and Opinions. The respondent must also file with the answer a copy of:
• any brief that the petitioner submitted in an appellate court contesting the conviction or sentence, or contesting an adverse judgment or order in a post-conviction proceeding;
• any brief that the prosecution submitted in an appellate court relating to the conviction or sentence; and
• the opinions and dispositive orders of the appellate court relating to the conviction or the sentence.
• Reply. The petitioner may submit a reply to the respondent’s answer or other pleading within a time fixed by the judge.
Rule 6. Discovery
• Leave of Court Required. A judge may, for good cause, authorize a party to conduct discovery under the Federal Rules of Civil Procedure and may limit the extent of discovery. If necessary for effective discovery, the judge must appoint an attorney for a petitioner who qualifies to have counsel appointed under 18 U.S.C. § 3006A.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
RULES GOVERNING 2254 CASES
• Requesting Discovery. A party requesting discovery must provide reasons for the request. The request must also include any proposed interrogatories and requests for admission, and must specify any requested documents.
• Deposition Expenses. If the respondent is granted leave to take the deposition, the judge may require the respondent to pay the travel expenses, subsistence expenses, and fees of the petitioner’s attorney to attend the deposition.
Rule 7. Expansion of Record
• In General. If the petition is not dismissed, the judge may direct the parties to expand the record by submitting additional materials relating to the petition. The judge may require that these materials be authenticated.
• Types of Materials. The materials that may be required include letters predating the filing of the petition, documents, exhibits, and answers under oath to written interrogatories propounded by the judge. Affidavits may also be submitted and considered as part of the record.
• Review by the Opposing Party. The judge must give the party against whom the additional materials are offered an opportunity to admit or deny their correctness.
Rule 8. Evidentiary Hearing
• Determining Whether to Hold a Hearing. If the petition is not dismissed, the judge must review the answer, any transcripts and records of state-court proceedings, and any materials submitted under Rule 7 to determine whether an evidentiary hearing is warranted.
• Reference to a Magistrate Judge. A judge may, under 28 U.S.C. § 636(b), refer the petition to a magistrate judge to conduct hearings and to file proposed findings of fact and recommendations for disposition. When they are filed, the clerk must promptly serve copies of the proposed findings and recommendations on all parties. Within 14 days after being served, a party may file objections as provided by local court rule. The judge must determine de novo any proposed finding or recommendation to which objection is made. The judge may accept, reject, or modify any proposed finding or recommendation.
• Appointing Counsel; Time of Hearing. If an evidentiary hearing is warranted, the judge must appoint an attorney to represent a petitioner who qualifies to have counsel appointed under 18
U.S.C. § 3006A. The judge must conduct the hearing as soon as practicable after giving the attorneys adequate time to investigate and prepare. These rules do not limit the appointment of counsel under § 3006A at any stage of the proceeding.
Rule 9. Second or Successive Petitions
Before presenting a second or successive petition, the petitioner must obtain an order from the appropriate court of appeals authorizing the district court to consider the petition as required by 28 U.S.C. § 2244(b)(3) and (4).
Rule 10. Powers of a Magistrate Judge
A magistrate judge may perform the duties of a district judge under these rules, as authorized under 28 U.S.C. § 636.
Rule 11. Certificate of Appealability; Time to Appeal
• Certificate of Appealability. The district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant. Before entering the final order,
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
RULES GOVERNING 2254 CASES
the court may direct the parties to submit arguments on whether a certificate should issue. If the court issues a certificate, the court must state the specific issue or issues that satisfy the showing required by 28 U.S.C. § 2253(c)(2). If the court denies a certificate, the parties may not appeal the denial but may seek a certificate from the court of appeals under Federal Rule of Appellate Procedure 22. A motion to reconsider a denial does not extend the time to appeal.
• Time to Appeal. Federal Rule of Appellate Procedure 4(a) governs the time to appeal an order entered under these rules. A timely notice of appeal must be filed even if the district court issues a certificate of appealability.
Rule 12. Applicability of the Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure, to the extent that they are not inconsistent with any statutory provisions or these rules, may be applied to a proceeding under these rules.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA LOCAL CIVIL RULES
L.R. 72-3 Dispositive Motions and Prisoner Petitions
L.R. 72-3.1 Duties of Magistrate Judge. Upon the assignment of a case covered by F.R.Civ.P. 72, the Magistrate Judge shall conduct all necessary proceedings. Pursuant to Rule 10 of the Rules Governing Section 2254 Cases in the United States District Courts, the duties imposed upon a Judge of the District Court may be performed by a full-time Magistrate Judge (except in death penalty cases).
L.R. 72-3.2 Summary Dismissal of Habeas Corpus Petition. The Magistrate Judge promptly shall examine a petition for writ of habeas corpus, and if it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief, the Magistrate Judge may prepare a proposed order for summary dismissal and submit it and a proposed judgment to the District Judge.
L.R. 72-3.3 Report by Magistrate Judge. In habeas cases that are not summarily dismissed, and in all other matters covered by F.R.Civ.P. 72(b) that the Magistrate Judge determines can be resolved without trial, the Magistrate Judge shall file a report which may contain proposed findings of fact, conclusions of law and recommendations for disposition. If the Magistrate Judge concludes that a trial by a District Judge is required, the Magistrate Judge shall so report to the District Judge.
L.R. 72-3.4 Objections to Report Where Party In Custody. If a party is in custody at the time of the filing of the Magistrate Judge's report, the time for filing objections allowed under F.R.Civ.P. 72(b) shall be twenty (20) days or such further time as the Magistrate Judge may order.
L.R. 72-3.5 Determination of Objections by District Judge. If no objections are filed within the time allowed, the Magistrate Judge shall submit the matter to the District Judge on the basis of the original report. If objections are timely filed, the Magistrate Judge may issue a revised or supplemental report or submit the matter to the District Judge on the basis of the original report.
L.R. 72-3.6 Filing of Transcript. If an evidentiary hearing was conducted by the Magistrate Judge, the party objecting shall obtain and file a certified transcript of the hearing or pertinent part thereof. Upon application, the Magistrate Judge may extend the time to file the transcript.
LR 72-3 (1/16) LOCAL CIVIL RULE 72-3
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA LOCAL CIVIL RULES
• 83-16 Habeas Corpus Petitions and Motions Under 28 U.S.C. Section 2255
L.R. 83-16.1 Court Forms. A petition for a writ of habeas corpus or a motion filed pursuant to 28 U.S.C. § 2255 shall be submitted on the forms approved and supplied by the Court.
L.R. 83-16.2 Verification - Other Than By Person in Custody. If the petition or motion is verified by a person other than the individual in custody, the person verifying the document shall set forth the reason why it has not been verified by the person in custody. The person verifying the document shall allege only facts personally known to that person. If facts are alleged upon information and belief, the source of the information and belief shall be stated.
L.R. 83-16.3 Habeas Corpus - Exclusion, Deportation and Removal Cases. A next friend petition for a writ of habeas corpus in exclusion, deportation and removal cases must allege that the petitioner has been authorized by the applicant for admission or respondent in the proceedings to file the petition. If the petition is filed by a relative who is the father, mother, husband, wife, brother, sister, uncle or aunt of the applicant for admission in the proceedings, that fact shall be alleged and authorization to file the petition need not be shown.
LR 83-16 (1/16) LOCAL CIVIL RULE 83-16
NAME
PRISON IDENTIFICATION/BOOKING NO.
ADDRESS OR PLACE OF CONFINEMENT
Note: It is your responsibility to notify the Clerk of Court in writing of any change of address. If represented by an attorney, provide his name, address, telephone and facsimile numbers, and e-mail address.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:
FULL NAME (Include name under which you were convicted )
v.
Petitioner,
CV
To be supplied by the Clerk of the United States District Court
G AMENDED
NAME OF WARDEN, SUPERINTENDENT, JAILOR OR AUTHORIZED PERSON HAVING CUSTODY OF PETITIONER
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY
28 U.S.C. § 2254
Respondent.
PLACE/COUNTY OF CONVICTION PREVIOUSLY FILED, RELATED CASES IN THIS DISTRICT COURT
(List by case number )
CV
CV
INSTRUCTIONS - PLEASE READ CAREFULLY
• To use this form, you must be a person who either is currently serving a sentence under a judgment against you in a California
state court, or will be serving a sentence in the future under a judgment against you in a California state court. You are asking for relief from the conviction and/or the sentence. This form is your petition for relief.
• In this petition, you may challenge the judgment entered by only one California state court. If you want to challenge the judgment
entered by a different California state court, you must file a separate petition.
• Make sure the form is typed or neatly handwritten. You must tell the truth and sign the form. If you make a false statement of
a material fact, you may be prosecuted for perjury.
• Answer all the questions. You do not need to cite case law, but you do need to state the federal legal theory and operative facts in support of each ground. You may submit additional pages if necessary. If you do not fill out the form properly, you will be asked to submit additional or correct information. If you want to submit a legal brief or arguments, you may attach a separate memorandum.
• You must include in this petition all the grounds for relief from the conviction and/or sentence that you challenge. And you
must state the facts that support each ground. If you fail to set forth all the grounds in this petition, you may be barred from presenting additional grounds at a later date.
• You must pay a fee of $5.00. If the fee is paid, your petition will be filed. If you cannot afford the fee, you may ask to proceed
in forma pauperis (as a poor person). To do that, you must fill out and sign the declaration of the last two pages of the form. Also, 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 at the institution. If your prison account exceeds $25.00, you must pay the filing fee.
• When you have completed the form, send the original and two copies to the following address: Clerk of the United States District Court for the Central District of California United States Courthouse
ATTN: Intake/Docket Section
312 North Spring Street
Los Angeles, California 90012
PLEASE COMPLETE THE FOLLOWING: (Check appropriate number)
This petition concerns:
• a conviction and/or sentence.
• prison discipline.
• a parole problem.
• other.
PETITION
• Venue
• Place of detention
• Place of conviction and sentence
• Conviction on which the petition is based (a separate petition must be filed for each conviction being attacked).
• Nature of offenses involved (include all counts) :
• Penal or other code section or sections:
• Case number:
• Date of conviction:
• Date of sentence:
• Length of sentence on each count:
• Plea (check one) :
Not guilty Guilty
Nolo contendere
• Kind of trial (check one) : Jury
Judge only
• Did you appeal to the California Court of Appeal from the judgment of conviction? Yes No If so, give the following information for your appeal (and attach a copy of the Court of Appeal decision if available):
• Case number:
• Grounds raised (list each) :
•
•
(3)
(4)
(5)
(6)
• Date of decision:
• Result
• If you did appeal, did you also file a Petition for Review with the California Supreme Court of the Court of Appeal decision? Yes No
If so give the following information (and attach copies of the Petition for Review and the Supreme Court ruling if available) :
• Case number:
• Grounds raised (list each) :
•
•
•
•
•
•
• Date of decision:
• Result
• If you did not appeal:
• State your reasons
• Did you seek permission to file a late appeal? Yes No
• Have you previously filed any habeas petitions in any state court with respect to this judgment of conviction?
G Yes G No
If so, give the following information for each such petition (use additional pages if necessary, and attach copies of the petitions and the rulings on the petitions if available):
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each) :
•
•
•
•
•
•
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing) :
• Grounds raised (list each):
•
•
•
•
•
•
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each) :
•
•
•
•
•
•
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• Did you file a petition for certiorari in the United States Supreme Court? Yes No If yes, answer the following:
• Docket or case number (if you know):
• Result:
• Date of result (if you know):
• Citation to the case (if you know):
• For this petition, state every ground on which you claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than five grounds. Summarize briefly the facts supporting each ground. For example, if you are claiming ineffective assistance of counsel, you must state facts specifically setting forth what your attorney did or failed to do.
CAUTION: Exhaustion Requirement: In order to proceed in federal court, you must ordinarily first exhaust your state court remedies with respect to each ground on which you are requesting relief from the federal court. This means that, prior to seeking relief from the federal court, you first must present all of your grounds to the California Supreme Court.
• Ground one:
• Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
Yes
No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
(4) Did you raise this claim in a habeas petition to the California Supreme Court? Yes No
• Ground two:
• Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal? Yes No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
c. (4) Did you raise this claim in a habeas petition to the California Supreme Court? Ground three: Yes No
(1) Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal? Yes No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
d. (4) Did you raise this claim in a habeas petition to the California Supreme Court?
Ground four: Yes No
(1) Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal? Yes No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
e. (4) Did you raise this claim in a habeas petition to the California Supreme Court?
Ground five: Yes No
(1) Supporting FACTS:
• Did you raise this claim on direct appeal to the California Court of Appeal? Yes No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
(4) Did you raise this claim in a habeas petition to the California Supreme Court? Yes No
• If any of the grounds listed in paragraph 7 were not previously presented to the California Supreme Court, state briefly which grounds were not presented, and give your reasons:
• Have you previously filed any habeas petitions in any federal court with respect to this judgment of conviction?
Yes No
If so, give the following information for each such petition (use additional pages if necessary, and attach copies of the petitions and the rulings on the petitions if available):
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each): (a)
(b)
(c)
(d)
(e)
(f)
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each): (a)
(b)
(c)
(d)
(e)
(f)
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• Do you have any petitions now pending (i.e., filed but not yet decided) in any state or federal court with respect to this judgment of conviction? Yes No
If so, give the following information (and attach a copy of the petition if available):
• Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each):
•
•
•
•
•
•
• Are you presently represented by counsel? Yes No If so, provide name, address and telephone number:
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
Petitioner
Respondent(s) ELECTION REGARDING CONSENT TO PROCEED BEFORE
A UNITED STATES MAGISTRATE JUDGE
• A magistrate judge is available under 28 U.S.C. § 636 ( c) to conduct all proceedings in this case, including dispositive matters, and entry of final judgment. However, a magistrate judge may be assigned to rule on dispositive matters only if all parties voluntarily consent.
• Parties are free to withhold consent to magistrate judge jurisdiction without adverse substantive consequences.
• If both parties consent to have a magistrate judge decide the case, any appeal would be made directly to the Ninth Circuit Court of Appeals, as if a district judge had decided the matter.
• Unless both parties consent to have a magistrate judge decide the case, the assigned magistrate judge will continue to decide only non-dispositive matters, and will issue a Report and Recommendation to the district judge as to all dispositive matters.
Please check the “yes” or “no” box regarding your decision to consent to a United States Magistrate Judge, and sign below.
Yes, I voluntarily consent to have a United States Magistrate Judge conduct all further proceedings in this case, decide all dispositive and non-dispositive matters, and order the entry of final judgment.
No, I do not consent to have a United States Magistrate Judge conduct all further proceedings in this case.
Executed on
Date Signature of Petitioner/Counsel for Petitioner
Petitioner
Respondent(s)
DECLARATION IN SUPPORT OF REQUEST
TO PROCEED
IN FORMA PAUPERIS
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.
• Are you presently employed? Yes No
• If the answer is yes, state the amount of your salary or wages per month, and give the name and address of your employer.
• If the answer is no, state the date of last employment and the amount of the salary and wages per month which you received.
• 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:
• Do you own any cash, or do you have money in a checking or savings account? (Include any funds in prison accounts)
Yes No
If the answer is yes, state the total value of the items owned:
• 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:
• 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 Petitioner likewise has the following securities to his credit according to the records of said institution:
Date Authorized Officer of Institution/Title of Officer
NAME
PRISON IDENTIFICATION/BOOKING NO.
ADDRESS OR PLACE OF CONFINEMENT
Note: It is your responsibility to notify the Clerk of Court in writing of any change of address. If represented by an attorney, provide his name, address, telephone and facsimile numbers, and e-mail address.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:
FULL NAME (Include name under which you were convicted )
v.
Petitioner,
CV
To be supplied by the Clerk of the United States District Court
G AMENDED
NAME OF WARDEN, SUPERINTENDENT, JAILOR OR AUTHORIZED PERSON HAVING CUSTODY OF PETITIONER
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY
28 U.S.C. § 2254
Respondent.
PLACE/COUNTY OF CONVICTION PREVIOUSLY FILED, RELATED CASES IN THIS DISTRICT COURT
(List by case number )
CV
CV
INSTRUCTIONS - PLEASE READ CAREFULLY
• To use this form, you must be a person who either is currently serving a sentence under a judgment against you in a California
state court, or will be serving a sentence in the future under a judgment against you in a California state court. You are asking for relief from the conviction and/or the sentence. This form is your petition for relief.
• In this petition, you may challenge the judgment entered by only one California state court. If you want to challenge the judgment
entered by a different California state court, you must file a separate petition.
• Make sure the form is typed or neatly handwritten. You must tell the truth and sign the form. If you make a false statement of
a material fact, you may be prosecuted for perjury.
• Answer all the questions. You do not need to cite case law, but you do need to state the federal legal theory and operative facts in support of each ground. You may submit additional pages if necessary. If you do not fill out the form properly, you will be asked to submit additional or correct information. If you want to submit a legal brief or arguments, you may attach a separate memorandum.
• You must include in this petition all the grounds for relief from the conviction and/or sentence that you challenge. And you
must state the facts that support each ground. If you fail to set forth all the grounds in this petition, you may be barred from presenting additional grounds at a later date.
• You must pay a fee of $5.00. If the fee is paid, your petition will be filed. If you cannot afford the fee, you may ask to proceed
in forma pauperis (as a poor person). To do that, you must fill out and sign the declaration of the last two pages of the form. Also, 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 at the institution. If your prison account exceeds $25.00, you must pay the filing fee.
• When you have completed the form, send the original and two copies to the following address: Clerk of the United States District Court for the Central District of California United States Courthouse
ATTN: Intake/Docket Section
312 North Spring Street
Los Angeles, California 90012
PLEASE COMPLETE THE FOLLOWING: (Check appropriate number)
This petition concerns:
• a conviction and/or sentence.
• prison discipline.
• a parole problem.
• other.
PETITION
• Venue
• Place of detention
• Place of conviction and sentence
• Conviction on which the petition is based (a separate petition must be filed for each conviction being attacked).
• Nature of offenses involved (include all counts) :
• Penal or other code section or sections:
• Case number:
• Date of conviction:
• Date of sentence:
• Length of sentence on each count:
• Plea (check one) :
Not guilty Guilty
Nolo contendere
• Kind of trial (check one) : Jury
Judge only
• Did you appeal to the California Court of Appeal from the judgment of conviction? Yes No If so, give the following information for your appeal (and attach a copy of the Court of Appeal decision if available):
• Case number:
• Grounds raised (list each) :
•
•
(3)
(4)
(5)
(6)
• Date of decision:
• Result
• If you did appeal, did you also file a Petition for Review with the California Supreme Court of the Court of Appeal decision? Yes No
If so give the following information (and attach copies of the Petition for Review and the Supreme Court ruling if available) :
• Case number:
• Grounds raised (list each) :
•
•
•
•
•
•
• Date of decision:
• Result
• If you did not appeal:
• State your reasons
• Did you seek permission to file a late appeal? Yes No
• Have you previously filed any habeas petitions in any state court with respect to this judgment of conviction?
G Yes G No
If so, give the following information for each such petition (use additional pages if necessary, and attach copies of the petitions and the rulings on the petitions if available):
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each) :
•
•
•
•
•
•
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing) :
• Grounds raised (list each):
•
•
•
•
•
•
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each) :
•
•
•
•
•
•
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• Did you file a petition for certiorari in the United States Supreme Court? Yes No If yes, answer the following:
• Docket or case number (if you know):
• Result:
• Date of result (if you know):
• Citation to the case (if you know):
• For this petition, state every ground on which you claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than five grounds. Summarize briefly the facts supporting each ground. For example, if you are claiming ineffective assistance of counsel, you must state facts specifically setting forth what your attorney did or failed to do.
CAUTION: Exhaustion Requirement: In order to proceed in federal court, you must ordinarily first exhaust your state court remedies with respect to each ground on which you are requesting relief from the federal court. This means that, prior to seeking relief from the federal court, you first must present all of your grounds to the California Supreme Court.
• Ground one:
• Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
Yes
No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
(4) Did you raise this claim in a habeas petition to the California Supreme Court? Yes No
• Ground two:
• Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal? Yes No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
c. (4) Did you raise this claim in a habeas petition to the California Supreme Court? Ground three: Yes No
(1) Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal? Yes No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
d. (4) Did you raise this claim in a habeas petition to the California Supreme Court?
Ground four: Yes No
(1) Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal? Yes No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
e. (4) Did you raise this claim in a habeas petition to the California Supreme Court?
Ground five: Yes No
(1) Supporting FACTS:
• Did you raise this claim on direct appeal to the California Court of Appeal? Yes No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
(4) Did you raise this claim in a habeas petition to the California Supreme Court? Yes No
• If any of the grounds listed in paragraph 7 were not previously presented to the California Supreme Court, state briefly which grounds were not presented, and give your reasons:
• Have you previously filed any habeas petitions in any federal court with respect to this judgment of conviction?
Yes No
If so, give the following information for each such petition (use additional pages if necessary, and attach copies of the petitions and the rulings on the petitions if available):
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each): (a)
(b)
(c)
(d)
(e)
(f)
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each): (a)
(b)
(c)
(d)
(e)
(f)
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• Do you have any petitions now pending (i.e., filed but not yet decided) in any state or federal court with respect to this judgment of conviction? Yes No
If so, give the following information (and attach a copy of the petition if available):
• Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each):
•
•
•
•
•
•
• Are you presently represented by counsel? Yes No If so, provide name, address and telephone number:
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
Petitioner
Respondent(s) ELECTION REGARDING CONSENT TO PROCEED BEFORE
A UNITED STATES MAGISTRATE JUDGE
• A magistrate judge is available under 28 U.S.C. § 636 ( c) to conduct all proceedings in this case, including dispositive matters, and entry of final judgment. However, a magistrate judge may be assigned to rule on dispositive matters only if all parties voluntarily consent.
• Parties are free to withhold consent to magistrate judge jurisdiction without adverse substantive consequences.
• If both parties consent to have a magistrate judge decide the case, any appeal would be made directly to the Ninth Circuit Court of Appeals, as if a district judge had decided the matter.
• Unless both parties consent to have a magistrate judge decide the case, the assigned magistrate judge will continue to decide only non-dispositive matters, and will issue a Report and Recommendation to the district judge as to all dispositive matters.
Please check the “yes” or “no” box regarding your decision to consent to a United States Magistrate Judge, and sign below.
Yes, I voluntarily consent to have a United States Magistrate Judge conduct all further proceedings in this case, decide all dispositive and non-dispositive matters, and order the entry of final judgment.
No, I do not consent to have a United States Magistrate Judge conduct all further proceedings in this case.
Executed on
Date Signature of Petitioner/Counsel for Petitioner
Petitioner
Respondent(s)
DECLARATION IN SUPPORT OF REQUEST
TO PROCEED
IN FORMA PAUPERIS
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.
• Are you presently employed? Yes No
• If the answer is yes, state the amount of your salary or wages per month, and give the name and address of your employer.
• If the answer is no, state the date of last employment and the amount of the salary and wages per month which you received.
• 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:
• Do you own any cash, or do you have money in a checking or savings account? (Include any funds in prison accounts)
Yes No
If the answer is yes, state the total value of the items owned:
• 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:
• 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 Petitioner likewise has the following securities to his credit according to the records of said institution:
Date Authorized Officer of Institution/Title of Officer
NAME
PRISON IDENTIFICATION/BOOKING NO.
ADDRESS OR PLACE OF CONFINEMENT
Note: It is your responsibility to notify the Clerk of Court in writing of any change of address. If represented by an attorney, provide his name, address, telephone and facsimile numbers, and e-mail address.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:
FULL NAME (Include name under which you were convicted )
v.
Petitioner,
CV
To be supplied by the Clerk of the United States District Court
G AMENDED
NAME OF WARDEN, SUPERINTENDENT, JAILOR OR AUTHORIZED PERSON HAVING CUSTODY OF PETITIONER
PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY
28 U.S.C. § 2254
Respondent.
PLACE/COUNTY OF CONVICTION PREVIOUSLY FILED, RELATED CASES IN THIS DISTRICT COURT
(List by case number )
CV
CV
INSTRUCTIONS - PLEASE READ CAREFULLY
• To use this form, you must be a person who either is currently serving a sentence under a judgment against you in a California
state court, or will be serving a sentence in the future under a judgment against you in a California state court. You are asking for relief from the conviction and/or the sentence. This form is your petition for relief.
• In this petition, you may challenge the judgment entered by only one California state court. If you want to challenge the judgment
entered by a different California state court, you must file a separate petition.
• Make sure the form is typed or neatly handwritten. You must tell the truth and sign the form. If you make a false statement of
a material fact, you may be prosecuted for perjury.
• Answer all the questions. You do not need to cite case law, but you do need to state the federal legal theory and operative facts in support of each ground. You may submit additional pages if necessary. If you do not fill out the form properly, you will be asked to submit additional or correct information. If you want to submit a legal brief or arguments, you may attach a separate memorandum.
• You must include in this petition all the grounds for relief from the conviction and/or sentence that you challenge. And you
must state the facts that support each ground. If you fail to set forth all the grounds in this petition, you may be barred from presenting additional grounds at a later date.
• You must pay a fee of $5.00. If the fee is paid, your petition will be filed. If you cannot afford the fee, you may ask to proceed
in forma pauperis (as a poor person). To do that, you must fill out and sign the declaration of the last two pages of the form. Also, 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 at the institution. If your prison account exceeds $25.00, you must pay the filing fee.
• When you have completed the form, send the original and two copies to the following address: Clerk of the United States District Court for the Central District of California United States Courthouse
ATTN: Intake/Docket Section
312 North Spring Street
Los Angeles, California 90012
PLEASE COMPLETE THE FOLLOWING: (Check appropriate number)
This petition concerns:
• a conviction and/or sentence.
• prison discipline.
• a parole problem.
• other.
PETITION
• Venue
• Place of detention
• Place of conviction and sentence
• Conviction on which the petition is based (a separate petition must be filed for each conviction being attacked).
• Nature of offenses involved (include all counts) :
• Penal or other code section or sections:
• Case number:
• Date of conviction:
• Date of sentence:
• Length of sentence on each count:
• Plea (check one) :
Not guilty Guilty
Nolo contendere
• Kind of trial (check one) : Jury
Judge only
• Did you appeal to the California Court of Appeal from the judgment of conviction? Yes No If so, give the following information for your appeal (and attach a copy of the Court of Appeal decision if available):
• Case number:
• Grounds raised (list each) :
•
•
(3)
(4)
(5)
(6)
• Date of decision:
• Result
• If you did appeal, did you also file a Petition for Review with the California Supreme Court of the Court of Appeal decision? Yes No
If so give the following information (and attach copies of the Petition for Review and the Supreme Court ruling if available) :
• Case number:
• Grounds raised (list each) :
•
•
•
•
•
•
• Date of decision:
• Result
• If you did not appeal:
• State your reasons
• Did you seek permission to file a late appeal? Yes No
• Have you previously filed any habeas petitions in any state court with respect to this judgment of conviction?
G Yes G No
If so, give the following information for each such petition (use additional pages if necessary, and attach copies of the petitions and the rulings on the petitions if available):
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each) :
•
•
•
•
•
•
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing) :
• Grounds raised (list each):
•
•
•
•
•
•
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each) :
•
•
•
•
•
•
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• Did you file a petition for certiorari in the United States Supreme Court? Yes No If yes, answer the following:
• Docket or case number (if you know):
• Result:
• Date of result (if you know):
• Citation to the case (if you know):
• For this petition, state every ground on which you claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than five grounds. Summarize briefly the facts supporting each ground. For example, if you are claiming ineffective assistance of counsel, you must state facts specifically setting forth what your attorney did or failed to do.
CAUTION: Exhaustion Requirement: In order to proceed in federal court, you must ordinarily first exhaust your state court remedies with respect to each ground on which you are requesting relief from the federal court. This means that, prior to seeking relief from the federal court, you first must present all of your grounds to the California Supreme Court.
• Ground one:
• Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal?
Yes
No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
(4) Did you raise this claim in a habeas petition to the California Supreme Court? Yes No
• Ground two:
• Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal? Yes No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
c. (4) Did you raise this claim in a habeas petition to the California Supreme Court? Ground three: Yes No
(1) Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal? Yes No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
d. (4) Did you raise this claim in a habeas petition to the California Supreme Court?
Ground four: Yes No
(1) Supporting FACTS:
(2) Did you raise this claim on direct appeal to the California Court of Appeal? Yes No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
e. (4) Did you raise this claim in a habeas petition to the California Supreme Court?
Ground five: Yes No
(1) Supporting FACTS:
• Did you raise this claim on direct appeal to the California Court of Appeal? Yes No
(3) Did you raise this claim in a Petition for Review to the California Supreme Court? Yes No
(4) Did you raise this claim in a habeas petition to the California Supreme Court? Yes No
• If any of the grounds listed in paragraph 7 were not previously presented to the California Supreme Court, state briefly which grounds were not presented, and give your reasons:
• Have you previously filed any habeas petitions in any federal court with respect to this judgment of conviction?
Yes No
If so, give the following information for each such petition (use additional pages if necessary, and attach copies of the petitions and the rulings on the petitions if available):
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each): (a)
(b)
(c)
(d)
(e)
(f)
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• (1) Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each): (a)
(b)
(c)
(d)
(e)
(f)
• Date of decision:
• Result
• Was an evidentiary hearing held? Yes No
• Do you have any petitions now pending (i.e., filed but not yet decided) in any state or federal court with respect to this judgment of conviction? Yes No
If so, give the following information (and attach a copy of the petition if available):
• Name of court:
• Case number:
• Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
• Grounds raised (list each):
•
•
•
•
•
•
• Are you presently represented by counsel? Yes No If so, provide name, address and telephone number:
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
Petitioner
Respondent(s) ELECTION REGARDING CONSENT TO PROCEED BEFORE
A UNITED STATES MAGISTRATE JUDGE
• A magistrate judge is available under 28 U.S.C. § 636 ( c) to conduct all proceedings in this case, including dispositive matters, and entry of final judgment. However, a magistrate judge may be assigned to rule on dispositive matters only if all parties voluntarily consent.
• Parties are free to withhold consent to magistrate judge jurisdiction without adverse substantive consequences.
• If both parties consent to have a magistrate judge decide the case, any appeal would be made directly to the Ninth Circuit Court of Appeals, as if a district judge had decided the matter.
• Unless both parties consent to have a magistrate judge decide the case, the assigned magistrate judge will continue to decide only non-dispositive matters, and will issue a Report and Recommendation to the district judge as to all dispositive matters.
Please check the “yes” or “no” box regarding your decision to consent to a United States Magistrate Judge, and sign below.
Yes, I voluntarily consent to have a United States Magistrate Judge conduct all further proceedings in this case, decide all dispositive and non-dispositive matters, and order the entry of final judgment.
No, I do not consent to have a United States Magistrate Judge conduct all further proceedings in this case.
Executed on
Date Signature of Petitioner/Counsel for Petitioner
Petitioner
Respondent(s)
DECLARATION IN SUPPORT OF REQUEST
TO PROCEED
IN FORMA PAUPERIS
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.
• Are you presently employed? Yes No
• If the answer is yes, state the amount of your salary or wages per month, and give the name and address of your employer.
• If the answer is no, state the date of last employment and the amount of the salary and wages per month which you received.
• 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:
• Do you own any cash, or do you have money in a checking or savings account? (Include any funds in prison accounts)
Yes No
If the answer is yes, state the total value of the items owned:
• 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:
• 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 Petitioner likewise has the following securities to his credit according to the records of said institution:
Date Authorized Officer of Institution/Title of Officer
NAME, ADDRESS & TELEPHONE NUMBER OF ATTORNEY(S) FOR PARTY, OR NAME, ADDRESS & INMATE ID # OF PETITIONER IF PETITIONER IS PRO PER
ATTORNEYS FOR:
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER
Petitioner, v.
Respondent.
CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE
(STATE /FEDERAL HABEAS CASE)
• NOTICE OF A MAGISTRATE JUDGE’S AVAILABILITY
• A magistrate judge is available under 28 U.S.C. § 636 ( c) to conduct all proceedings in this case, including dispositive matters, and entry of final judgment. However, a magistrate judge can be assigned to rule on dispositive matters only if all parties voluntarily consent.
• You are free to withhold consent to magistrate judge jurisdiction.
• If both parties consent to have a magistrate judge decide the case, either party may appeal directly to the Ninth Circuit Court of Appeals, as if a district judge had decided the matter.
• If both parties do not consent to have a magistrate judge decide the case, the assigned magistrate judge will continue to decide all non-dispositive matters, and will issue a Report and Recommendation to the district judge as to all dispositive matters.
• CONSENT TO MAGISTRATE JUDGE FOR ALL PURPOSES
I voluntarily consent to have a United States Magistrate Judge conduct all further proceedings in this case, decide all dispositive and non-dispositive matters, and order the entry of final judgment.
Name of Counsel OR Party if Pro Per Signature and date Counsel for (Name Party)
• NOTICE TO COUNSEL FROM CLERK
All parties having consented to proceed before the assigned magistrate judge, please specify the case number as
on all documents subsequently filed in this case.
ENTITIES THAT OF WILLIAM P WILLIAMSON
SUPER NOVUS COUNSELS
STEVEN VAN SCHOFER ESQ. IN RANKING ATTORNEY(S) PETITIONER IF PETITIONER IS PRO PER
ATTORNEYS FOR:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER
Petitioner, v.
Respondent.
CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE
(STATE /FEDERAL HABEAS CASE)
• NOTICE OF A MAGISTRATE JUDGE’S AVAILABILITY
• A magistrate judge is available under 28 U.S.C. § 636 ( c) to conduct all proceedings in this case, including dispositive matters, and entry of final judgment. However, a magistrate judge can be assigned to rule on dispositive matters only if all parties voluntarily consent.
• You are free to withhold consent to magistrate judge jurisdiction.
• If both parties consent to have a magistrate judge decide the case, either party may appeal directly to the Ninth Circuit Court of Appeals, as if a district judge had decided the matter.
• If both parties do not consent to have a magistrate judge decide the case, the assigned magistrate judge will continue to decide all non-dispositive matters, and will issue a Report and Recommendation to the district judge as to all dispositive matters.
• CONSENT TO MAGISTRATE JUDGE FOR ALL PURPOSES
I voluntarily consent to have a United States Magistrate Judge conduct all further proceedings in this case, decide all dispositive and non-dispositive matters, and order the entry of final judgment.
Name of Counsel OR Party if Pro Per Signature and date Counsel for (Name Party)
• NOTICE TO COUNSEL FROM CLERK
All parties having consented to proceed before the assigned magistrate judge, please specify the case number as
=recs
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