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28 U.S.C. § 2242 28 u.s.c. · habeas corpus · title 28
28 U.S.C. § 2242
Application
Title 28 USC
● ACTIVE
Ch. 153
Jurisdiction Federal — United States
Chapter Habeas Corpus
Primary Source uscode.house.gov ↗
Federation ID OM-USC28-SEC-AD95D4
STATUTORY TEXT primary source · verbatim · uscode.house.gov

U.S.C. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE 28 U.S.C. United States Code, 2023 Edition Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART VI - PARTICULAR PROCEEDINGS CHAPTER 153 - HABEAS CORPUS Sec. 2242 - Application From the U.S. Government Publishing Office, www.gpo.gov

§2242. Application

Application for a writ of habeas corpus shall be in writing signed and verified by the person for whose relief it is intended or by someone acting in his behalf. It shall allege the facts concerning the applicant's commitment or detention, the name of the person who has custody over him and by virtue of what claim or authority, if known. It may be amended or supplemented as provided in the rules of procedure applicable to civil actions. If addressed to the Supreme Court, a justice thereof or a circuit judge it shall state the reasons for not making application to the district court of the district in which the applicant is held.

(June 25, 1948, ch. 646, 62 Stat. 965.)

Historical and Revision Notes Based on title 28, U.S.C., 1940 ed., §454 (R.S. §754). Words "or by someone acting in his behalf" were added. This follows the actual practice of the courts, as set forth in United States ex rel. Funaro v. Watchorn, C.C. 1908, 164 F. 152; Collins v. Traeger, C.C.A. 1928, 27 F.2d 842, and cases cited. The third paragraph is new. It was added to conform to existing practice as approved by judicial decisions. See Dorsey v. Gill (App.D.C.) 148 F.2d 857, 865, 866. See also Holiday v. Johnston, 61 S.Ct. 1015, 313 U.S. 342, 85 L.Ed. 1392. Changes were made in phraseology.

Source: uscode.house.gov — public domain Official Source ↗
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This page was generated from primary source data retrieved via the GovInfo API (api.govinfo.gov). The statutory text of 28 U.S.C. § 2242 is reproduced from the official United States Code as published by the Office of the Law Revision Counsel.
OakMorel Law
28 U.S.C.
Citation
28 U.S.C. § 2242
Status
● ACTIVE
Chapter
153 — Habeas Corpus
Title
Judiciary and Judicial Procedure
Jurisdiction
Federal
Federation ID
OM-USC28-SEC-AD95D4
Root-LD Spec
v1.0
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Judiciary and Judicial Procedure — 28 U.S.C. § 2242