You are here

Rule 6.04 - Action by a Person in Custody

(a) REQUIRED FORM. A pro se person in custody must use the standard form — available without charge from the clerk and on the court’s website — to file:

(1) an application under 28 U.S.C. § 2241,

(2) an application under 28 U.S.C. § 2254 or a motion under 28 U.S.C. § 2255, or

(3) a complaint, such as a 42 U.S.C. § 1983 complaint, that alleges a violation of the United States Constitution or other federal law by a governmental official.

(b) FEE. In an in forma pauperis action by a person in custody, the judge can order the person to pay the clerk's and the marshal’s fee. Failure to pay can result in dismissal of the action.