§ 2242. — Application.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2242]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 153--HABEAS CORPUS
Sec. 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., Sec. 454 (R.S. Sec. 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.
