US · rules
N.D. Ga. LR 83.3
Petitions to Stay Execution of State Court Judgments; Habeas Corpus Petitions
(A) Procedure for Petitioning to Stay. A petitioner seeking a stay of enforcement
of a state court judgment or order shall attach to the petition a copy of all state court
opinions and judgments relating to the matter. The petitioner shall also state whether
or not petitioner has previously petitioned this Court or any other federal court for
relief arising out of this same matter. The reasons for denying relief given by a court
that has considered the matter shall be attached to the petition. If the court did not
issue a written order stating its reasons for denying relief, a copy of all relevant
portions of the transcript shall be attached to the petition. If petitioner raises an issue
which was either not raised or not fully exhausted in state court, petitioner shall state
the reasons why such action was not taken.
(B) Successive Petitions. A second or successive petition for habeas corpus may be
dismissed if the Court finds:
(1) that the petition fails to allege new or different grounds for relief, or
(2) that the failure of the petitioner to assert those grounds in a prior petition
constitutes an abuse of the writ, or
(3) that the petition is frivolous and entirely without merit.
Second or successive petitions not dismissed on one of the above-stated
grounds shall be given expedited consideration by the Court.
Provenance
- Source
- www.gand.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
2cc3d0e912ab493bac5f65b9bf78eb2217f43c1459632d6b3ffeeb661690db6b
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