US · rules
N.D. W. Va. LR PL P 22
Filing a Motion to Vacate or Modify Sentence Pursuant to 28 U.S.C. §
2255.
(a) Proceeding Under 28 U.S.C. § 2255: A Motion to vacate, set aside or
correct a sentence may be filed pursuant to § 2255 only by a prisoner in custody who
wishes to attack or challenge a federal sentence or conviction imposed by the United
States District Court for the Northern District of West Virginia.
(b) Use of Court-Approved Forms: To properly file a § 2255 motion, pro se
prisoners must use the Court-approved form titled “Motion Under 28 U.S.C. § 2255 to
Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody” and must
answer every question and complete the form in its entirety.
(c) Place of Filing: A § 2255 motion will be filed at the point of holding court
where the sentence was imposed.
(d) Filing Fee: No filing fee is required for a motion filed under 28 U.S.C. §
2255. Therefore, an Application to Proceed Without Prepayment of Fees and Affidavit
is not necessary.
Provenance
- Source
- www.wvnd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
2e2f45fa415809b39ebb53c71f3b027ba655e7fe2c85471a7211d185ae5d04b9
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