D.S.D. Civ. LR 83.8

A. Filing Requirements. Petitions for writs of habeas corpus pursuant to 28

U.S.C. ' 2254 and 28 U.S.C. ' 2241, motions to vacate sentence pursuant to

28 U.S.C. ' 2255, and applications to proceed in forma pauperis must be

signed and legibly written or typewritten on forms prescribed by the court and

in accordance with the instructions provided with the forms unless the court

finds, in its discretion, that the petition, motion, or application is

understandable and that it substantially conforms with federal and local

requirements for such actions. Copies of the relevant forms and instructions

will be provided by the clerk of court upon request The court may strike or

dismiss petitions, motions, or applications that do not conform substantively

or procedurally with federal and local requirements for such actions.

B. In Forma Pauperis Certification. If a habeas corpus petitioner desires to

prosecute a petition in forma pauperis, the petitioner must file an application

to proceed in forma pauperis on a form prescribed by the court (Motion to

Proceed Without Prepayment of Fees and Declaration), accompanied by a

certification of the warden or other appropriate officer of the institution in

which the petitioner is confined as to the amount of money or securities on

deposit for the petitioner. If the petitioner has in excess of $25 on deposit, the

petitioner must pay the filing fee to proceed with a 28 U.S.C. ' 2241 or a 28

U.S.C. ' 2254 case.

C. Assignment of Judicial Officer. Once a petition for a writ of habeas corpus

is assigned to a district judge, any future pleadings filed by the prisoner will

be automatically assigned to the same district judge to whom the earlier case

was assigned, unless otherwise ordered by the court. Motions pursuant to 28

U.S.C. ' 2255 will be assigned as provided for in Rule 4(a) of the Rules

Governing Section 2255 Proceedings for the United States District Courts.