Wisconsin Petition for Writ of Habeas Corpus 1Wisconsin Petition for Writ of Habeas Corpus 1Wisconsin Petition for Writ of Habeas Corpus 1
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PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254
BY A PERSON IN STATE CUSTODY
INSTRUCTIONS---READ CAREFULLY
1.

Use This Form – If you are a person currently serving or will serve a sentence entered by a state court
and you are asking for relief from the conviction or the sentence.
Do Not Use This Form – *IF YOU ARE CHALLENGING YOUR FEDERAL CONVICTION OR
SENTENCE. INSTEAD, USE THE FORM ENTITLED “MOTION UNDER 28 U.S.C. § 2255 TO
VACATE, SET ASIDE, OR
CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY.” IF 28
U.S.C. § 2255 IS INADEQUATE OR INEFFECTIVE TO TEST THE LEGALITY OF YOUR DETENTION,
USE THE FORM ENTITLED “APPLICATION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28
U.S.C. § 2241 BY A PERSON IN CUSTODY.”
*IF YOU ARE A PRETRIAL DETAINEE CHALLENGING YOUR PRE-CONVICTION CUSTODY, A
FEDERAL PRISONER CHALLENGING THE EXECUTION OF YOUR SENTENCE OR AN ACTION
TAKEN BY THE BUREAU OF PRISONS, OR A PERSON IN CUSTODY CHALLENGING AN
IMMIGRATION-RELATED ORDER (OTHER THAN A REMOVAL ORDER), OR