USA v. Trujillo

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 1A July 1, 2013, Writ was also issued, but the record indicates there was insufficient
time to secure Trujillo's presence for a scheduled hearing, so a new Writ was issued.
WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
United States of America,
Plaintiff,
vs.
Manuel R. Trujillo,
Defendant.
)
)
)
)
)
)
)
)
)
)
No. CR 13-709-TUC-CKJ
ORDER
Pending before the Court is the Motion Requesting Variance with Request for
Reconsideration (Doc. 78) filed by Defendant Manuel R. Trujillo ("Trujillo").
Procedural History
Trujillo was arrested in this case on March 30, 2013, and ordered released on
conditions on April 3, 2013. A Writ of Habeas Corpus ad Prosequendum ("Writ") was issued
on July 10, 2013, directing the Warden, Pima County Detention Center, to produce Trujillo
to the United States Marshal Service, who was directed to maintain Trujillo "within the
jurisdiction of this Court pending the satisfaction of this writ or further orders of the Court,
thereupon to be returned to the facility listed above unless otherwise ordered by the Court."
Writ (Doc. 42).1
On July 24, 2013, Trujillo pleaded guilty pursuant to a plea agreement to
Transportation of Illegal Alien for Profit Causing Serious Bodily Injury, in violation of 8
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 1 of 36

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 2 -
U.S.C. §§ 1324(a)(1)(A)(ii), 1324(a)(1)(B)(i), and 1324(a)(1)(B)(iii). Although the Court
calculated the advisory guideline range to be 41 to 51 months imprisonment, the plea
agreement included a stipulated sentencing range for a criminal history category VI of 33-41
months imprisonment. The plea agreement also summarized the defenses and appeal rights
Trujillo was waiving as part of the plea agreement. The waiver included collateral attacks
and "any right to file a motion for modification of sentence." Plea Agreement (Doc. 51, pp.
4-5).
On October 16, 2013, Trujillo was committed to the Bureau of Prisons for a term of
41 months with credit for time served to be followed by 36 months of supervised release on
October 16, 2023. Judgment and Commitment (Doc. 60). During the sentencing hearing,
the Court specifically stated the credit for time served was for the time Trujillo served
relating to the offense in this case.
On June 12, 2024, Trujillo filed a Motion for Concurrent Sentence (Doc. 63). This
motion was docketed as a 28 U.S.C. 2255 petition and a civil habeas case was initiated. In
the civil case, the Court ordered Trujillo "must file either (a) a notice withdrawing the Motion
for Concurrent Sentence (Doc. 1), or (b) an amended 'Motion to Vacate, Set Aside, or
Correct a Sentence by a Person in Federal Custody (Motion Under 28 U.S.C. § 2255), on the
court-approved form." August 28, 2024, Order (CV 24-354, p. 4), footnote omitted. As
Trujillo did not make a timely filing as directed, the motion was dismissed and the § 2255
action was closed.
On March 26, 2025, Trujillo filed his second Motion for Concurrent Sentence (Doc.
65). The Court discussed a state court's inability to alter a federal sentence, Fed.R.Crim.P.
35 and 36, and Arizona rules cited by Trujillo in his Motion, then denied the requested relief.
April 1, 2025, Order (Doc. 66).
On June 2, 2025, and July 7, 2025, Trujillo filed Motions to Search Records Clerical
Error of Detainer (Doc. 67, 68). The Court found no authority requiring the federal
government to comply with state procedural requirements as they relate to the Interstate
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 2 of 36

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
Agreement on Detainers Act ("IAD") and found it was not appropriate to grant any relief for
an alleged violation of Ariz.R.Crim.P. 8.3(c). Further, because the United States Marshal
Service ("USMS") advised the Court that, on October 22, 2013, i.e., following Trujillo's
sentencing in this case, Trujillo was returned to Arizona custody from the custody of the
USMS before completing his federal sentence, the Court sua sponte reconsidered Trujillo's
March 26, 2025, Motion. The Court recognized the primary jurisdiction of the state of
Arizona and determined there was no basis to modify the sentence pursuant to 18 U.S.C. §
3582(c). Additionally, the Court stated:
[T]he Court was aware that "[m]ultiple terms of imprisonment imposed at different
times run consecutively unless the court orders that the terms are to run concurrently."
18 U.S.C. § 3584. The Court chose to not order the federal sentence be concurrent
with the forthcoming state sentence.
July 8, 2025, Order (Doc. 69, pp.5-6).
On July 10, 2025, Trujillo filed a Request for Final Disposition, Quash Warrants,
and/or in the Alternative a Concurrent Prison Term (Doc. 70). The Court denied the request
to quash warrants/detainers, recognized Arizona's right to enforce its sentence before the
United States enforces its sentence, and found no basis to direct the service of Trujillo's
sentence to begin immediately. Additionally, the Court declined to again reconsider
Trujillo's sentence. July 31, 2025, Order (Doc. 71).
On December 1, 2025, Trujillo filed a Motion for Information - Public Records Act
(Doc. 72) and a Transcript Request (Doc. 73). The Court issued an Order addressing
Trujillo's requests for information and directed the Clerk of Court to provide Trujillo with
a transcript request form.
Trujillo filed his Motion Requesting Variance with Request for Reconsideration (Doc.
78) on May 21, 2026. Trujillo requests relief from his "Fed. detainer since [he] has served
his Federal mandated sentence with the 65% sentencing scheme within the Federal prison
system of the First Step Act (FSA)." Motion (Doc. 78, p. 1).
. . . . .
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 3 of 36

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 4 -
Motion Requesting Variance with Request for Reconsideration (Doc. 78)
Trujillo asserts Bureau of Prisons officials violated his First, Fifth, and Fourteenth
Amendment rights and prison policy by their "failure to notify upon transfer to state prison."
Motion (Doc. 78, p. 1). Trujillo points out the Court previously stated there was nothing
before the Court indicating whether Trujillo had completed his federal sentence prior to his
transfer to state custody. Indeed, the Court stated:
Further, federal prison policy provides for a transfer of a prisoner in federal custody
to state custody. BOP Program Statement ("PS") 5140.44. "Any such transfer should
occur within a reasonable period of time before the inmate’s release from a federal
sentence, ordinarily within the last 90 days." PS 5140.44.I.b.2. The lack of
information from the BOP Inmate Locator results in no information before the Court
as to whether Trujillo was transferred to state authorities prior to his scheduled release
from his federal sentence. The Court has no basis to conclude Trujillo has not
completed his federal sentence, whether entirely in federal custody or partially while
in state custody. It is unclear, therefore, with what federal sentence Trujillo is seeking
a concurrent sentence.
April 1, 2025, Order (Doc. 66, p. 1). Trujillo asserts the BOP officials "who scheduled
Trujillo's transfer created a discrepancy, a difference between conflicting facts or claims[.]"
Motion (Doc. 78, p. 2).
Trujillo asserts the government is limited in how it treats citizens and cannot
arbitrarily incarcerate them without due process. He further asserts:
A person who can be thrown into prison at the whim of the authorities, physically
mistreated, and held for indeterminate[] periods without effective recourse is living
not in a lawful democracy, but in a polity bordering on despotism.
And quit[e] frankly with respect to case at bench, this is exactly what is being
displayed here.
Motion (Doc. 78, p. 3), citations omitted. Based on the purported due process violations,
Trujillo seeks the federal detainer against him be dismissed.
As the Court has previously discussed, it has no basis or authority to quash the
detainer against Trujillo. See e.g., July 31, 2025, Order (Doc. 71). In reaching that
conclusion, the Court considered statutes and rules applicable in criminal proceedings.
Trujillo has not presented any basis to provide relief in this additional motion in the criminal
proceeding. The Court will deny the Motion.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 4 of 36

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 5 -
Potential Civil Proceedings
It appears the issues raised by Trujillo may be more appropriately raised in a civil
proceeding. However, it is not the role of the Court to provide legal advice to Trujillo. See
e.g., Parker v. Neven, No. 2:11-CV-01223-KJD, 2014 WL 3592424, at *7 (D. Nev. July 18,
2014); see also Pliler v. Ford, 542 U.S. 225, 231 (2004) ("District judges have no obligation
to act as counsel or paralegal to pro se litigants [as it would . . . ] undermine district judges'
role as impartial decisionmakers."). Further, it is not appropriate for the Court to determine
which, if any, future action may be viable or successful. See e.g., West v. Secretary of the
DOT, 206 F.3d 920, 924 (9th Cir.2000) (courts avoid advisory opinions on abstract
propositions of law); Ctr. for Biological Diversity v. Mattis, 868 F.3d 803, 821 (9th Cir.
2017), citation omitted (the prohibition "that the federal courts will not give advisory
opinions" is called "the oldest and most consistent thread in the federal law of justiciability");
Jacobus v. Alaska, 338 F.3d 1095, 1104 (9th Cir. 2003) (requirement of ripeness ensures that
issues are definite and concrete, not hypothetical or abstract). As the issue of whether any
civil action is viable or potentially successful is not before the Court, the Court declines to
determine this issue. However, the Court will advise Trujillo of possible future actions that
he may wish to pursue.
Trujillo is advised that "[c]hallenges to the validity of any confinement or to
particulars affecting its duration are the province of habeas corpus; requests for relief turning
on circumstances of confinement may be presented in a § 1983 action. Nettles v. Grounds,
830 F.3d 922, 927 (9th Cir. 2016), citing Muhammad v. Close, 540 U.S. 749, 750 (2004) (per
curiam). However, a state prisoner's § 1983 action is barred where its success would
"necessarily demonstrate the invalidity of confinement or its duration." Wilkinson v. Dotson,
544 U.S. 74, 81–82 (2005); Nettles v. Grounds, 830 F.3d 922, 927–35 (9th Cir. 2016) (en
banc) (claims which, if successful, would not necessarily lead to immediate or earlier release
are outside the core of habeas and must be brought, if at all, under 42 U.S.C. § 1983).
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 5 of 36

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2As they do not appear applicable to Trujillo's circumstances, the Court will not direct
the Clerk of Court to provide forms regarding 28 U.S.C. § 2241 or 28 U.S.C. § 2255 habeas
proceedings.
- 6 -
Trujillo is currently in state custody serving a sentence issued by a state court. "An
application for a writ of habeas corpus on behalf of a person in custody pursuant to the
judgment of a State court" is made pursuant to 28 U.S.C. § 2254(b)(1)(A). See e.g., Reed v.
Farley, 512 U.S. 339, 348 (1994) (2254 habeas based on alleged IAD violation cognizable
"when the error qualifies as a fundamental defect which inherently results in a complete
miscarriage of justice [or] an omission inconsistent with the rudimentary demands of fair
procedure.'"), quotation omitted; Johnson v. Stagner, 781 F.2d 758, 764 (9th Cir. 1986)
(discussing "burden on habeas petitioners bringing challenges based on the IAD"); Lara v.
Johnson, 141 F.3d 239, 242 (5th Cir.), reh'g granted, opinion modified on other grounds, 149
F.3d 1226 (5th Cir. 1998) ("Other circuits have stated that the issue of whether an IAD
violation is cognizable under federal habeas review is subject to a two-part test. First, the
court must consider whether the IAD is a federal law as contemplated in § 2254, and second,
whether the particular violation of the IAD is a violation which requires relief under §
2254."), citations omitted.
The Court will direct the Clerk of Court to provide Trujillo with the appropriate forms
in the event he chooses to proceed with an alternate action.2
Accordingly, IT IS ORDERED:
1. The Motion Requesting Variance with Request for Reconsideration (Doc. 78)
Motion to Remove Detainers (Doc. 76) is DENIED.
2. The Clerk of Court shall provide the following forms to Trujillo: Civil Rights
Complaint by a Prisoner and Instructions, https://www.azd.uscourts.gov/sites/azd/files/
forms/Civil%20Rights%20Complaint%20instructions-form.pdf; Application to Proceed In
Forma Pauperis by a Prisoner Civil (Non-Habeas), https://www.azd.uscourts.gov/sites/
azd/files/forms/IFP-PCRform-instr.pdf; Petition Under 28 U.S.C. § 2254 for a Writ of
Habeas Corpus by a Person in State Custody (Non-Death Penalty) and Instructions,
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 6 of 36

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 7 -
https://www.azd.uscourts.gov/sites/azd/files/forms/2254-instructions-form.pdf Application
to Proceed in Forma Pauperis by a Prisoner (Habeas), https://www.azd.uscourts.gov/
sites/azd/files/forms/HCifpApp.pdf.
3. The Clerk of Court shall mail a copy of this Order and the aforementioned forms
to Trujillo at the following address:
Manuel R. Trujillo ADC # 160838
ASP - La Plama CLS I
5501 N. La Palma Rd.
Eloy, AZ 85131
DATED this 10th day of July, 2026.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 7 of 36

Revised 11/6/24
1
Instructions for a Prisoner Filing a Civil Rights Complaint
in the United States District Court for the District of Arizona
1. 	Who May Use This Form. 	The civil rights complaint form is designed to help incarcerated
persons prepare a complaint seeking relief for a violation of their federal civil rights. 	These
complaints typically concern, but are not limited to, conditions of confinement. 	This form
should not be used to challenge your conviction or sentence. 	If you want to challenge a state
conviction or sentence, you should file a petition under 28 U.S.C. ' 2254 for a writ of habeas
corpus by a person in state custody. 	If you want to challenge a federal conviction or sentence,
you should file a motion under 28 U.S.C. § 2255 to vacate sentence in the federal court that entered
the judgment.
2. 	The Form. 	Local Rule of Civil Procedure (LRCiv) 3.4 provides that complaints by
incarcerated persons must be filed on the court-approved form. 	The form must be typed or
neatly handwritten. The form must be completely filled in to the extent applicable. 	All questions
must be answered clearly and concisely in the appropriate space on the form. 	If needed, you may
attach additional pages, but no more than fifteen additional pages, of standard letter-sized paper.
You must identify which part of the complaint is being continued and number all pages. If you do
not fill out the form properly, you will be asked to submit additional or corrected information,
which may delay the processing of your action. 	You do not need to cite law.
3. 	Your Signature. 	You must tell the truth and sign the form. 	If you make a false statement of
a material fact, you may be prosecuted for perjury.
4. 	The Filing and Administrative Fees. 	The total fees for this action are $405.00 ($350.00 filing
fee plus $55.00 administrative fee). 	If you are unable to immediately pay the fees, you may
request leave to proceed in forma pauperis. 	Please review the “Information for Prisoners Seeking
Leave to Proceed with a (Non-Habeas) Civil Action in Federal Court In Forma Pauperis Pursuant
to 28 U.S.C. ' 1915” for additional instructions.
5. 	Original and Judge=s Copy. 	You must send an original plus one copy of your complaint and
of any other documents submitted to the Court. 	You must send one additional copy to the Court
if you wish to have a file-stamped copy of the document returned to you. 	All copies must be
identical to the original. 	Copies may be legibly handwritten. 	This section does not apply to
inmates housed at an Arizona Department of Corrections facility that participates in
electronic filing.
6. 	Where to File. 	You should file your complaint in the division where you were confined
when your rights were allegedly violated. 	See LRCiv 5.1(a) and 77.1(a). 	If you were confined
in Maricopa, Pinal, Yuma, La Paz, or Gila County, file in the Phoenix Division. 	If you were
confined in Apache, Navajo, Coconino, Mohave, or Yavapai County, file in the Prescott Division.
If you were confined in Pima, Cochise, Santa Cruz, Graham, or Greenlee County, file in the Tucson
Division. 	Unless you are an inmate housed at an Arizona Department of Corrections facility
that participates in electronic filing, mail the original and one copy of the complaint with the
$405 filing and administrative fees or the application to proceed in forma pauperis to:
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 8 of 36

2
Phoenix & Prescott Divisions: 	OR 	Tucson Division:
U.S. District Court Clerk 	U.S. District Court Clerk
U.S. Courthouse, Suite 130 	U.S. Courthouse, Suite 1500
401 West Washington Street, SPC 10 	405 West Congress Street
Phoenix, Arizona 	85003-2119 	Tucson, Arizona 	85701-5010
7. 	Change of Address. 	You must immediately notify the Court and the defendants in writing of
any change in your mailing address. 	Failure to notify the Court of any change in your mailing
address may result in the dismissal of your case.
8. 	Certificate of Service. 	You must furnish the defendants with a copy of any document you
submit to the Court (except the initial complaint and application to proceed in forma pauperis).
Each original document (except the initial complaint and application to proceed in forma pauperis)
must include a certificate of service on the last page of the document stating the date a copy of the
document was mailed to the defendants and the address to which it was mailed. 	See Fed. R. Civ.
P. 5(a), (d). 	Any document received by the Court that does not include a certificate of service
may be stricken. 	This section does not apply to inmates housed at an Arizona Department
of Corrections facility that participates in electronic filing.
A certificate of service should be in the following form:
I hereby certify that a copy of the foregoing document was mailed
this 	(month, day, year) to:
Name:
Address:
Attorney for Defendant(s)
(Signature)
9. 	Amended Complaint. 	If you need to change any of the information in the initial complaint,
you must file an amended complaint. 	The amended complaint must be written on the court-
approved civil rights complaint form. 	You may file one amended complaint without leave
(permission) of Court within 21 days after serving it or within 21 days after any defendant has
filed an answer, whichever is earlier. 	See Fed. R. Civ. P. 15(a). 	Thereafter, you must file a
motion for leave to amend and lodge (submit) a proposed amended complaint. 	LRCiv 15.1. 	In
addition, an amended complaint may not incorporate by reference any part of your prior complaint.
LRCiv 15.1(a)(2). 	Any allegations or defendants not included in the amended complaint are
considered dismissed. 	All amended complaints are subject to screening under the Prison
Litigation Reform Act; screening your amendment will take additional processing time.
10. 	Exhibits. 	You should not submit exhibits with the complaint or amended complaint.
Instead, the relevant information should be paraphrased. 	You should keep the exhibits to use to
support or oppose a motion to dismiss, a motion for summary judgment, or at trial.
11. 	Letters and Motions. 	It is generally inappropriate to write a letter to any judge or the staff
of any judge. 	The only appropriate way to communicate with the Court is by filing a written
pleading or motion.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 9 of 36

3
12. 	Completing the Civil Rights Complaint Form.
HEADING:
1. 	Your Name. 	Print your name, prison or inmate number, and institutional mailing
address on the lines provided.
2. 	Defendants. 	If there are four or fewer defendants, print the name of each. 	If you
name more than four defendants, print the name of the first defendant on the first line,
write the words “and others” on the second line, and attach an additional page listing the
names of all of the defendants. 	Insert the additional page after page 1 and number it “1-
A” at the bottom.
3. 	Jury Demand. 	If you want a jury trial, you must write “JURY TRIAL DEMANDED”
in the space below “CIVIL RIGHTS COMPLAINT BY A PRISONER.” 	Failure to do so
may result in the loss of the right to a jury trial. 	A jury trial is not available if you are
seeking only injunctive relief.
Part A. 	JURISDICTION:
1. 	Nature of Suit. Mark whether you are filing the complaint pursuant to 42 U.S.C. ' 1983
for state, county, or city defendants; “Bivens v. Six Unknown Federal Narcotics Agents”
for federal defendants; or “other.” 	If you mark “other,” identify the source of that
authority.
2. 	Location. 	Identify the institution and city where the alleged violation of your rights
occurred.
3. 	Defendants. 	Print all of the requested information about each of the defendants in the
spaces provided. 	If you are naming more than four defendants, you must provide the
necessary information about each additional defendant on separate pages labeled “2-A,”
“2-B,” etc., at the bottom. 	Insert the additional page(s) immediately behind page 2.
Part B. 	PREVIOUS LAWSUITS:
You must identify any other lawsuit you have filed in either state or federal court while
you were a prisoner. 	Print all of the requested information about each lawsuit in the spaces
provided. 	If you have filed more than three lawsuits, you must provide the necessary information
about each additional lawsuit on a separate page. 	Label the page(s) as “2-A,” “2-B,” etc., at the
bottom of the page and insert the additional page(s) immediately behind page 2.
Part C. 	CAUSE OF ACTION:
You must identify what rights each defendant violated. 	The form provides space to allege
three separate counts (one violation per count). 	If you are alleging more than three counts, you
must provide the necessary information about each additional count on a separate page. 	Number
the additional pages “5-A,” “5-B,” etc., and insert them immediately behind page 5. 	Remember
that you are limited to a total of fifteen additional pages.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 10 of 36

4
1. 	Counts. 	You must identify which civil right was violated. 	You may allege the
violation of only one civil right per count.
2. 	Issue Involved. 	Check the box that most closely identifies the issue involved in your
claim. 	You may check only one box per count. 	If you check the box marked “Other,”
you must identify the specific issue involved.
3. 	Supporting Facts. 	After you have identified which civil right was violated, you must
state the supporting facts. 	Be as specific as possible. 	You must state what each
individual defendant did to violate your rights. 	If there is more than one defendant, you
must identify which defendant did what act. 	You also should state the date(s) on which
the act(s) occurred, if possible.
4. 	Injury. 	State precisely how you were injured by the alleged violation of your rights.
5. 	Administrative Remedies. 	You must exhaust any available administrative remedies
before you file a civil rights complaint. 	See 42 U.S.C. § 1997e. 	Consequently, you
should 	disclose 	whether 	you 	have 	exhausted 	the 	inmate 	grievance 	procedures 	or
administrative appeals for each count in your complaint. 	If the grievance procedures were
not available for any of your counts, fully explain why on the lines provided.
Part D. 	REQUEST FOR RELIEF:
Print the relief you are seeking in the space provided.
SIGNATURE:
You must sign your name and print the date you signed the complaint. 	Failure to sign the
complaint will delay the processing of your action. 	Unless you are an attorney, you may not bring
an action on behalf of anyone but yourself.
FINAL NOTE
You should follow these instructions carefully. 	Failure to do so may result in your
complaint being stricken or dismissed. 	All questions must be answered concisely in the proper
space on the form. 	If you need more space, you may attach no more than fifteen additional pages.
But the form must be completely filled in to the extent applicable. 	If you attach additional pages,
be sure to identify which section of the complaint is being continued and number the pages.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 11 of 36

Revised 12/1/23 	1 	550/555
___________________________________________
Name and Prisoner/Booking Number
___________________________________________
Place of Confinement
___________________________________________
Mailing Address
___________________________________________
City, State, Zip Code
(Failure to notify the Court of your change of address may result in dismissal of this action.)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
_________________________________________ ,
(Full Name of Plaintiff)
)
Plaintiff,
v.
(1) _______________________________________ ,
(Full Name of Defendant)
(2) _______________________________________ ,
(3) _______________________________________ ,
(4) _______________________________________ ,
Defendant(s).
G Check if there are additional Defendants and attach page 1-A listing them.
CASE NO. __________________________________
(To be supplied by the Clerk)
CIVIL RIGHTS COMPLAINT
BY A PRISONER
G Original Complaint
G First Amended Complaint
G Second Amended Complaint
A. 	JURISDICTION
1. 	This Court has jurisdiction over this action pursuant to:
G 28 U.S.C. § 1343(a); 42 U.S.C. § 1983
G 28 U.S.C. § 1331; Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).
G Other: 	.
2. 	Institution/city where violation occurred: 	.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 12 of 36

2
B. 	DEFENDANTS
1. 	Name of first Defendant: 	. 	The first Defendant is employed
as: ______________________________________________ at_______________________________________.
(Position and Title) 	(Institution)
2. 	Name of second Defendant: 	. 	The second Defendant is employed as:
as: ______________________________________________ at_______________________________________.
(Position and Title) 	(Institution)
3. 	Name of third Defendant: 	. 	The third Defendant is employed
as: ______________________________________________ at_______________________________________.
(Position and Title) 	(Institution)
4. 	Name of fourth Defendant: 	. 	The fourth Defendant is employed
as: ______________________________________________ at_______________________________________.
(Position and Title) 	(Institution)
If you name more than four Defendants, answer the questions listed above for each additional Defendant on a separate page.
C. 	PREVIOUS LAWSUITS
1. 	Have you filed any other lawsuits while you were a prisoner? 	G Yes 	G No
2. 	If yes, how many lawsuits have you filed? 	. 	Describe the previous lawsuits:
a. 	First prior lawsuit:
1. 	Parties: 	v.
2. 	Court and case number: 	.
3. 	Result: 	(Was the case dismissed? 	Was it appealed? 	Is it still pending?)
.
b. 	Second prior lawsuit:
1. 	Parties: 	v.
2. 	Court and case number: 	.
3. 	Result: 	(Was the case dismissed? 	Was it appealed? 	Is it still pending?)
.
c. 	Third prior lawsuit:
1. 	Parties: 	v.
2. 	Court and case number: 	.
3. 	Result: 	(Was the case dismissed? 	Was it appealed? 	Is it still pending?)
.
If you filed more than three lawsuits, answer the questions listed above for each additional lawsuit on a separate page.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 13 of 36

3
D. 	CAUSE OF ACTION
COUNT I
1. 	State the constitutional or other federal civil right that was violated:
.
2. 	Count I. 	Identify the issue involved. 	Check only one. 	State additional issues in separate counts.
G Basic necessities 	G Mail 	G Access to the court 	G Medical care
G Disciplinary proceedings 	G Property 	G Exercise of religion 	G Retaliation
G Excessive force by an officer 	G Threat to safety 	G Other: 	.
3. 	Supporting Facts. 	State as briefly as possible the FACTS supporting Count I. 	Describe exactly what
each Defendant did or did not do that violated your rights. 	State the facts clearly in your own words without
citing legal authority or arguments.
.
4. 	Injury. 	State how you were injured by the actions or inactions of the Defendant(s).
.
5. 	Administrative Remedies:
a. 	Are there any administrative remedies (grievance procedures or administrative appeals) available at
your institution? 	G Yes 	G No
b. 	Did you submit a request for administrative relief on Count I? 	G Yes 	G No
c. 	Did you appeal your request for relief on Count I to the highest level? 	G Yes 	G No
d. 	If you did not submit or appeal a request for administrative relief at any level, briefly explain why you
did not.
.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 14 of 36

4
COUNT II
1. 	State the constitutional or other federal civil right that was violated:
.
2. 	Count II. 	Identify the issue involved. 	Check only one. 	State additional issues in separate counts.
G Basic necessities 	G Mail 	G Access to the court 	G Medical care
G Disciplinary proceedings 	G Property 	G Exercise of religion 	G Retaliation
G Excessive force by an officer 	G Threat to safety 	G Other: 	.
3. 	Supporting Facts. 	State as briefly as possible the FACTS supporting Count II. 	Describe exactly what
each Defendant did or did not do that violated your rights. 	State the facts clearly in your own words without
citing legal authority or arguments.
.
4. 	Injury. 	State how you were injured by the actions or inactions of the Defendant(s).
.
5. 	Administrative Remedies.
a. 	Are there any administrative remedies (grievance procedures or administrative appeals) available at
your institution? 	G Yes 	G No
b. 	Did you submit a request for administrative relief on Count II? 	G Yes 	G No
c. 	Did you appeal your request for relief on Count II to the highest level? 	G Yes 	G No
d. 	If you did not submit or appeal a request for administrative relief at any level, briefly explain why you
did not.
.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 15 of 36

5
COUNT III
1. 	State the constitutional or other federal civil right that was violated:
.
2. 	Count III. 	Identify the issue involved. 	Check only one. 	State additional issues in separate counts.
G Basic necessities 	G Mail 	G Access to the court 	G Medical care
G Disciplinary proceedings 	G Property 	G Exercise of religion 	G Retaliation
G Excessive force by an officer 	G Threat to safety 	G Other: 	.
3. 	Supporting Facts. 	State as briefly as possible the FACTS supporting Count III. 	Describe exactly what
each Defendant did or did not do that violated your rights. 	State the facts clearly in your own words without
citing legal authority or arguments.
.
4. 	Injury. 	State how you were injured by the actions or inactions of the Defendant(s).
.
5. 	Administrative Remedies.
a. 	Are there any administrative remedies (grievance procedures or administrative appeals) available at
your institution? 	G Yes 	G No
b. 	Did you submit a request for administrative relief on Count III? 	G Yes 	G No
c. 	Did you appeal your request for relief on Count III to the highest level? 	G Yes 	G No
d. 	If you did not submit or appeal a request for administrative relief at any level, briefly explain why you
did not.
.
If you assert more than three Counts, answer the questions listed above for each additional Count on a separate page.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 16 of 36

6
E. 	REQUEST FOR RELIEF
State the relief you are seeking:
.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on
DATE 	SIGNATURE OF PLAINTIFF
___________________________________________
(Name and title of paralegal, legal assistant, or
other person who helped prepare this complaint)
___________________________________________
(Signature of attorney, if any)
___________________________________________
(Attorney=s address & telephone number)
ADDITIONAL PAGES
All questions must be answered concisely in the proper space on the form. 	If you need more space, you may
attach no more than fifteen additional pages. 	But the form must be completely filled in to the extent applicable.
If you attach additional pages, be sure to identify which section of the complaint is being continued and number
all pages.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 17 of 36

Revised 12/1/23
Instructions for Prisoners Applying for Leave to Proceed In Forma Pauperis
Pursuant to 28 U.S.C. § 1915 in a Civil Action (Non-habeas) in Federal Court
You must pay the $350.00 filing fee plus the $55.00 administrative fees for a civil action. 	If you
later file an appeal, you will be obligated to pay the $505.00 filing fee for the appeal.
If you have enough money to pay the full $405.00 filing and administrative fees, you should send
a cashier=s check or money order payable to the Clerk of the Court with your complaint.
If you do not have enough money to pay the full $405.00 filing and administrative fees, you can
file the action without prepaying the fees. 	However, the Court will assess an initial partial filing fee.
The initial partial filing fee will be the greater of 20% of the average monthly deposits or 20% of the
average monthly balance in your prison or jail account for the six months immediately preceding the filing
of the lawsuit. 	The Court will order the agency that has custody of you to withdraw the initial partial
filing fee from your prison or jail account as soon as funds are available and to forward the money to the
Court.
After the initial partial filing fee has been paid, you will owe the balance of the $350.00 filing fee
(you will not be required to pay the $55.00 administrative fee). 	Until the filing fee is paid in full, each
month you will owe 20% of your preceding month’s income. 	The agency that holds you in custody will
collect that money and forward it to the Court any time the amount in your account exceeds $10.00.
These installment fees are calculated on a per-case basis. 	This means that you will be required to pay
20% of your preceding month=s income for each civil non-habeas corpus case in which you have an
outstanding filing fee balance. 	For example, if you are making payments toward filing fee balances in
two civil non-habeas corpus cases, 40% of your preceding month=s income will be collected each month.
The balance of the filing fee may be collected even if the action is later dismissed, summary judgment is
granted against you, or you fail to prevail at trial.
To file an action without prepaying the filing fee, and to proceed with an action in forma pauperis,
you must complete the attached form and return it to the Court with your complaint. 	You must have a
prison or jail official complete the certificate on the bottom of the form and attach a certified copy of your
prison or jail account statement for the last six months. 	If you were incarcerated in a different institution
during any part of the past six months, you must attach a certificate and a certified copy of your account
statement from each institution at which you were confined. 	If you submit an incomplete form or do not
submit a prison or jail account statement with the form, your request to proceed in forma pauperis will be
denied.
Even if some or all of the filing fee has been paid, the Court is required to dismiss your action if:
(1) your allegation of poverty is untrue; (2) the action is frivolous or malicious; (3) your complaint does
not state a claim upon which relief can be granted; or (4) your complaint makes a claim against a defendant
for money damages and that defendant is immune from liability for money damages.
If you file more than three actions or appeals which are dismissed as frivolous or malicious or for
failure to state a claim on which relief can be granted, you will be prohibited from filing any other action
in forma pauperis unless you are in imminent danger of serious physical injury.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 18 of 36

Revised 12/1/23
1
___________________________________________
Name and Prisoner/Booking Number
___________________________________________
Place of Confinement
___________________________________________
Mailing Address
___________________________________________
City, State, Zip Code
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
_____________________________________ ,
Plaintiff,
v.
_____________________________________ ,
Defendant(s).
CASE NO. __________________________________
APPLICATION TO PROCEED
IN FORMA PAUPERIS
BY A PRISONER
CIVIL (NON-HABEAS)
I, 	, declare, in support of my request to proceed in the above
entitled case without prepayment of fees under 28 U.S.C. § 1915, that I am unable to pay the fees for these
proceedings or to give security therefor and that I believe I am entitled to relief.
In support of this application, I answer the following questions under penalty of perjury:
1. 	Have you ever before brought an action or appeal in a federal court while you were incarcerated or detained?
GYes 	GNo 	If “Yes,” how many have you filed? 	.
Were any of the actions or appeals dismissed because they were frivolous, malicious, or failed to state a
claim upon which relief may be granted? 	GYes 	GNo 	If “Yes,” how many of them? 	.
2. 	Are you currently employed at the institution where you are confined? 	GYes 	GNo
If “Yes,” state the amount of your pay and where you work.
3. 	Do you receive any other payments from the institution where you are confined? 	GYes 	GNo
If “Yes,” state the source and amount of the payments.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 19 of 36

Revised 12/1/23
2
4. 	Do you have any other sources of income, savings, or assets either inside or outside of the institution where
you are confined? 	GYes 	GNo
If “Yes,” state the sources and amounts of the income, savings, or assets.
I declare under penalty of perjury that the above information is true and correct.
________________________________ 	____________________________________________
DATE 	SIGNATURE OF APPLICANT
ACKNOWLEDGEMENT OF COLLECTION OF FILING FEES FROM TRUST ACCOUNT
I, 	, acknowledge that upon granting this Application, the
Court will order designated correctional officials at this institution, or any other correctional institution to
which I am transferred, to withdraw money from my trust account for payment of the filing fee, as required
by 28 U.S.C. § 1915(b).
The Court will require correctional officials to withdraw an initial partial payment equal to 20% of the
greater of:
(A) 	the average monthly deposits to my account for the six-month period preceding my filing of this
action, or
(B) 	the average monthly balance in my account for the six-month period preceding my filing of this
action.
After the initial payment, if the amount in my account is at least $10.00, the Court will require
correctional officials to withdraw from my account 20% of each month’s income and forward it to the Court
until the required filing fee is paid in full. 	I understand that I am required to pay the entire fee, even if my
case is dismissed by the Court before the fee is fully paid.
I further understand that if I file more than one action, correctional officials will be ordered to
withdraw 20% of each month’s income, for each action, simultaneously. 	Accordingly, if I have filed two
actions, correctional officials will withdraw 40% of my income each month; three actions will require 60%
of my income each month, etc.
________________________________ 	____________________________________________
DATE 	SIGNATURE OF APPLICANT
CERTIFICATE OF CORRECTIONAL OFFICIAL
AS TO STATUS OF APPLICANT=S TRUST ACCOUNT
I, 	, certify that as of the date applicant signed this application:
(Printed name of official)
The applicant=s trust account balance at this institution is: 	$
The applicant=s average monthly deposits during the prior six months is: 	$
The applicant=s average monthly balance during the prior six months is: 	$
The attached certified account statement accurately reflects the status of the applicant=s account.
DATE 	AUTHORIZED SIGNATURE 	TITLE/ID NUMBER 	INSTITUTION
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 20 of 36

Revised 3/15/16 	1
Instructions for Filing a Petition Under 28 U.S.C. ' 2254
for a Writ of Habeas Corpus by a Person in State Custody
in the United States District Court for the District of Arizona
1. 	Who May Use This Form. 	To use this form, you must be a person who is currently serving a
sentence under a judgment against you in a state court. 	You are asking for relief from the
conviction or the sentence on the grounds that your conviction or sentence violates the United
States Constitution or other federal law. 	You also may use this form to challenge a state judgment
that imposed a sentence to be served in the future, but you must fill in the name of the state where
the judgment was entered. 	If you want to challenge a federal conviction or sentence, you should
file a motion under 28 U.S.C. § 2255 to vacate sentence in the federal court that entered the
judgment. 	This form should not be used in death penalty cases. 	If you were sentenced to
death, you are entitled to the assistance of counsel and you should request the appointment of
counsel.
2. 	The Form. 	Local Rule of Civil Procedure (LRCiv) 3.5(a) provides that habeas corpus
petitions must be filed on the court-approved form. 	The form must be typed or neatly
handwritten. 	All questions must be answered clearly and concisely in the appropriate space on
the form. 	If needed, you may attach additional pages. 	The form, however, must be completely
filled in to the extent applicable. 	You do not need to cite law. 	If you want to file a brief or
arguments, you must attach a separate memorandum.
3. 	Your Signature. 	You must tell the truth and sign the form. 	If you make a false statement of a
material fact, you may be prosecuted for perjury.
4. 	The Filing Fee. 	The filing fee for this action is $5.00. 	If you are unable to pay the filing fee,
you may request permission to proceed in forma pauperis by completing and signing the
Application to Proceed In Forma Pauperis provided with the petition form. 	You must have an
official at the prison or jail complete the certificate at the bottom of the application form. 	If the
amount of money in your account exceeds $25.00, you must pay the $5.00 filing fee. 	LRCiv
3.5(b).
5. 	Original and Judge’s Copy. 	You must send an original plus one copy of your petition and of
any other document submitted to the Court. 	You must send one additional copy to the Court if
you wish to have a file-stamped copy of the document returned to you. 	All copies must be
identical to the original. 	Copies may be legibly handwritten. 	This section does not apply to
inmates housed at an Arizona Department of Corrections facility that participates in
electronic filing.
6. 	Where to File. 	You should file your petition in the division where you were convicted.
See LRCiv 5.1(b). 	If you are challenging a judgment of conviction entered in Maricopa, Pinal,
Yuma, La Paz, or Gila County, file your petition in the Phoenix Division. 	If you are challenging a
judgment of conviction entered in Apache, Navajo, Coconino, Mohave, or Yavapai County, file
your petition in the Prescott Division. 	If you are challenging a judgment of conviction entered in
Pima, Cochise, Santa Cruz, Graham, or Greenlee County, file your petition in the Tucson Division.
See LRCiv 5.1(b) and 77.1(a).
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 21 of 36

2
Mail the original and one copy of your petition with the $5.00 filing fee or the
application to proceed in forma pauperis to:
Phoenix & Prescott Divisions: 	OR 	Tucson Division:
U.S. District Court Clerk 	U.S. District Court Clerk
U.S. Courthouse, Suite 130 	U.S. Courthouse, Suite 1500
401 West Washington Street, SPC 10 	405 West Congress Street
Phoenix, Arizona 	85003-2119 	Tucson, Arizona 	85701-5010
7. 	Change of Address. 	You must immediately notify the Court and respondents in writing of
any change in your mailing address. 	Failure to notify the Court of any change in your mailing
address may result in the dismissal of your case.
8. 	Certificate of Service. 	You must provide the respondents with a copy of any document you
submit to the Court (except the initial petition and application to proceed in forma pauperis).
Each original document (except the initial petition and application to proceed in forma pauperis)
must include a certificate of service on the last page of the document stating the date a copy of the
document was mailed to the respondents and the address to which it was mailed. 	Fed. R. Civ. P.
5(a), (d). 	Any document received by the Court that does not include a certificate of service may
be stricken. 	This section does not apply to inmates housed at an Arizona Department of
Corrections facility that participates in electronic filing.
A certificate of service should be in the following form:
I hereby certify that a copy of the foregoing document was mailed
this 	(month, day, year) to:
Name:
Address:
Attorney for Respondent(s)
(Signature)
9. 	Amended Petition. 	If you need to change any of the information in the initial petition, you
must file an amended petition. 	The amended petition must be written on the court-approved
petition for writ of habeas corpus form. 	You may amend your pleading once without leave
(permission) of Court within 21 days after serving it or within 21 days after any respondent has
filed an answer, whichever is earlier. 	See Fed. R. Civ. P. 15(a). 	Thereafter, you must file a
motion for leave to amend and lodge (submit) a proposed amended petition. 	LRCiv 15.1. 	An
amended petition may not incorporate by reference any part of your prior petition. 	LRCiv
15.1(a)(2). 	Any grounds not included in the amended petition are considered dismissed.
10. 	Exhibits. 	If available, you should attach a copy of all state and federal court written
decisions regarding the conviction you are challenging. Do not submit any other exhibits with
the petition. 	Instead, you should paraphrase the relevant information in the petition. 	The
respondents are obligated to provide relevant portions of the record.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 22 of 36

3
Any exhibits you attach should be individually labeled (e.g. “Exhibit 1,” “Exhibit 2,” etc.)
and attached at the end of your petition. 	Exhibits should not be placed in the middle of your
petition.
11. 	Letters and Motions. 	It is generally inappropriate to write a letter to any judge or the staff of
any judge. 	The only appropriate way to communicate with the Court is by filing a written
pleading or motion.
12. 	Warnings.
a. 	Judgment Entered by a Single Court. 	You may challenge the judgment entered by
only one court. 	Multiple counts which resulted in a judgment by the same court may be
challenged in the same petition. 	If you wish to challenge judgments entered by more than
one court, however, you must file separate petitions for each judgment.
b. 	Grounds for Relief. 	You must raise all grounds for relief that relate to this conviction
or sentence. 	Any grounds not raised in this petition will likely be barred from being raised
in any subsequent federal action.
c. 	Exhaustion. 	In order to proceed in federal court, you ordinarily must exhaust the
remedies available to you in the state courts as to each claim on which you request action
by the federal court. 	If you did not fairly present each of your grounds to the Arizona
Court of Appeals, your petition may be dismissed. 	If you did not present one or more of
your grounds to the Arizona Court of Appeals, explain why you did not.
FINAL NOTE
You should follow these instructions carefully. 	Failure to do so may result in your
petition being stricken or dismissed by the Court. 	All questions must be answered concisely in
the proper space on the form. 	If you need more space, you may attach additional pages. 	But the
form must be completely filled in to the extent applicable. 	If you attach additional pages, be sure
to identify which section of the petition is being continued and number all pages.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 23 of 36

Revised 3/15/16 	1 	530
___________________________________________
Name and Prisoner/Booking Number
___________________________________________
Place of Confinement
___________________________________________
Mailing Address
___________________________________________
City, State, Zip Code
(Failure to notify the Court of your change of address may result in dismissal of this action.)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
_________________________________________ ,
(Full Name of Petitioner) 	)
)
Petitioner,
v.
__________________________________________ ,
(Name 	of 	the 	Director 	of 	the 	Department 	of
Corrections, Jailor or authorized person having custody
of Petitioner),
Respondent,
and
The Attorney General of the State of 	,
)
Additional Respondent .
CASE NO. __________________________________
(To be supplied by the Clerk)
PETITION UNDER 28 U.S.C. § 2254
FOR A WRIT OF HABEAS CORPUS
BY A PERSON IN STATE CUSTODY
(NON-DEATH PENALTY)
PETITION
1. 	(a) 	Name and location of court that entered the judgment of conviction you are challenging:
(b) 	Criminal docket or case number:
2. 	Date of judgment of conviction:
3. 	In this case, were you convicted on more than one count or crime? 	Yes G 	No G
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 24 of 36

2
4. 	Identify all counts and crimes for which you were convicted and sentenced in this case:
5. 	Length of sentence for each count or crime for which you were convicted in this case:
6. 	(a) What was your plea?
Not guilty 	G
Guilty 	G
Nolo contendere (no contest) 	G
(b) 	If you entered a guilty plea to one count or charge, and a not guilty plea to another count or charge, give
details:
(c) 	If you went to trial, what kind of trial did you have? 	(Check one) Jury G Judge only G
7. 	Did you testify at the trial? 	Yes G 	No G
8. 	Did you file a direct appeal to the Arizona Court of Appeals from the judgment of conviction?
Yes G 	No G
If yes, answer the following:
(a) 	Date you filed:
(b) 	Docket or case number:
(c) 	Result:
(d) 	Date of result:
(e) 	Grounds raised:
Attach, if available, a copy of any brief filed on your behalf and a copy of the decision by the court.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 25 of 36

3
9. 	Did you appeal to the Arizona Supreme Court? 	Yes G 	No G
If yes, answer the following:
(a) 	Date you filed:
(b) 	Docket or case number:
(c) 	Result:
(d) 	Date of result:
(e) 	Grounds raised:
Attach, if available, a copy of any brief filed on your behalf and a copy of the decision by the court.
10. Did you file a petition for certiorari in the United States Supreme Court? 	Yes G 	No G
If yes, answer the following:
(a) 	Date you filed:
(b) 	Docket or case number:
(c) 	Result:
(d) 	Date of result:
(e) 	Grounds raised:
Attach, if available, a copy of any brief filed on your behalf and a copy of the decision by the court.
11. Other than the direct appeals listed above, have you filed any other petitions, applications or motions
concerning this judgment of conviction in any state court? 	Yes G 	No G
If yes, answer the following:
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 26 of 36

4
(a) 	First Petition.
(1) 	Date you filed:
(2) 	Name of court:
(3) 	Nature of the proceeding (Rule 32, special action or habeas corpus):
(4) 	Docket or case number:
(5) 	Result:
(6) 	Date of result:
(7) 	Grounds raised:
Attach, if available, a copy of any brief filed on your behalf and a copy of the decision by the court.
(b) 	Second Petition.
(1) 	Date you filed:
(2) 	Name of court:
(3) 	Nature of the proceeding (Rule 32, special action or habeas corpus):
(4) 	Docket or case number:
(5) 	Result:
(6) 	Date of result:
(7) 	Grounds raised:
Attach, if available, a copy of any brief filed on your behalf and a copy of the decision by the court.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 27 of 36

5
(c) 	Third Petition.
(1) 	Date you filed:
(2) 	Name of court:
(3) 	Nature of the proceeding (Rule 32, special action or habeas corpus):
(4) 	Docket or case number:
(5) 	Result:
(6) 	Date of result:
(7) 	Grounds raised:
Attach, if available, a copy of any brief filed on your behalf and a copy of the decision by the court.
(d) 	Did you appeal the action taken on your petition, application, or motion to the:
Arizona Court of Appeals: 	Arizona Supreme Court:
(1) 	First petition: 	Yes 	G 	No 	G 	Yes 	G 	No 	G
(2) 	Second petition: Yes 	G 	No 	G 	Yes 	G 	No 	G
(3) 	Third petition 	Yes 	G 	No 	G 	Yes 	G 	No 	G
(e) 	If you did not appeal to the Arizona Court of Appeals, explain why you did not:
12. For this petition, state every ground on which you claim that you are being held in violation of the
Constitution, laws, or treaties of the United States. 	Attach additional pages if you have more than four
grounds. 	State the facts supporting each ground.
CAUTION: 	To proceed in the federal court, you must ordinarily first exhaust (use up) your available
state-court remedies on each ground on which you request action by the federal court. 	Also, if you fail to set
forth all the grounds in this petition, you may be barred from presenting additional grounds at a later date.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 28 of 36

6
GROUND ONE:
(a) 	Supporting FACTS (Do not argue or cite law. 	Just state the specific facts that support your claim.):
(b) Did you present the issue raised in Ground One to the Arizona Court of Appeals? 	Yes G 	No G
(c) If yes, did you present the issue in a:
Direct appeal 	G
First petition 	G
Second petition 	G
Third petition 	G
(d) 	If you did not present the issue in Ground One to the Arizona Court of Appeals, explain why:
(e) Did you present the issue raised in Ground One to the Arizona Supreme Court? 	Yes G 	No G
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 29 of 36

7
GROUND TWO:
(a) 	Supporting FACTS (Do not argue or cite law. 	Just state the specific facts that support your claim.):
(b) Did you present the issue raised in Ground Two to the Arizona Court of Appeals? 	Yes G 	No G
(c) If yes, did you present the issue in a:
Direct appeal 	G
First petition 	G
Second petition 	G
Third petition 	G
(d) 	If you did not present the issue in Ground Two to the Arizona Court of Appeals, explain why:
(e) Did you present the issue raised in Ground Two to the Arizona Supreme Court? 	Yes G 	No G
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 30 of 36

8
GROUND THREE:
(a) 	Supporting FACTS (Do not argue or cite law. 	Just state the specific facts that support your claim.):
(b) Did you present the issue raised in Ground Three to the Arizona Court of Appeals? 	Yes G 	No G
(c) If yes, did you present the issue in a:
Direct appeal 	G
First petition 	G
Second petition 	G
Third petition 	G
(d) 	If you did not present the issue in Ground Three to the Arizona Court of Appeals, explain why:
(e) Did you present the issue raised in Ground Three to the Arizona Supreme Court? 	Yes G 	No G
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 31 of 36

9
GROUND FOUR:
(a) 	Supporting FACTS (Do not argue or cite law. 	Just state the specific facts that support your claim.):
(b) Did you present the issue raised in Ground Four to the Arizona Court of Appeals? 	Yes G 	No G
(c) If yes, did you present the issue in a:
Direct appeal 	G
First petition 	G
Second petition 	G
Third petition 	G
(d) 	If you did not present the issue in Ground Four to the Arizona Court of Appeals, explain why:
(e) Did you present the issue raised in Ground Four to the Arizona Supreme Court? 	Yes G 	No G
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 32 of 36

10
Please answer these additional questions about this petition:
13. Have you previously filed any type of petition, application or motion in a federal court regarding the
conviction that you challenge in this petition? 	Yes G 	No G
If yes, give the date of filing, the name and location of the court, the docket or case number, the type of
proceeding, the issues raised, the date of the court’s decision, and the result for each petition, application, or
motion filed. 	Attach a copy of any court opinion or order, if available:
14. Do you have any petition or appeal now pending (filed and not decided yet) in any court, either state or
federal, as to the judgment you are challenging? 	Yes G 	No G
If yes, give the date of filing, the name and location of the court, the docket or case number, the type of
proceeding, and the issues raised:
15. Do you have any future sentence to serve after you complete the sentence imposed by the judgment you are
challenging? 	Yes G 	No G
If yes, answer the following:
(a) Name and location of the court that imposed the sentence to be served in the future:
(b) 	Date that the other sentence was imposed:
(c) 	Length of the other sentence:
(d) 	Have you filed, or do you plan to file, any petition challenging the judgment or sentence to be served in
the future? 	Yes G 	No G
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 33 of 36

11
16. TIMELINESS OF PETITION: If your judgment of conviction became final more than one year ago, you must
explain why the one-year statute of limitations in 28 U.S.C. ' 2244(d) does not bar your petition.*
*Section 2244(d) provides in part that:
(1) 	A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court. 	The limitation period shall run from the latest of-
(A) 	the date on which the judgment became final by the conclusion of direct review or the
expiration of the time for seeking such review;
(B) 	the date on which the impediment to filing an application created by State action in violation
of the Constitution or laws of the United States is removed, if the applicant was prevented from
filing by such State action;
(C) 	the date on which the constitutional right asserted was initially recognized by the Supreme
Court, if the right has been newly recognized by the Supreme Court and made retroactively
applicable to cases on collateral review; or
(D) 	the date on which the factual predicate of the claim or claims presented could have been
discovered through the exercise of due diligence.
(2) 	The time during which a properly filed application for State post-conviction or other collateral review
with respect to the pertinent judgment or claim is pending shall not be counted toward any period of
limitation under this subsection.
17. Petitioner asks that the Court grant the following relief:
or any other relief to which Petitioner may be entitled. 	(Money damages are not available in habeas corpus
cases.)
I declare under penalty of perjury that the foregoing is true and correct and that this Petition for Writ of Habeas
Corpus was placed in the prison mailing system on 	(month, day, year).
__________________________________
Signature of Petitioner
___________________________________ 	______________________________
Signature of attorney, if any 	Date
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 34 of 36

Revised 3/15/16 	1
___________________________________________
Name and Prisoner/Booking Number
___________________________________________
Place of Confinement
___________________________________________
Mailing Address
___________________________________________
City, State, Zip Code
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
_______________________________________ ,
Petitioner,
v.
_______________________________________ ,
Respondent(s).
CASE NO. __________________________________
APPLICATION TO PROCEED
IN FORMA PAUPERIS
BY A PRISONER
(HABEAS)
I, 	, declare, in support of my request to proceed in the
above entitled case without prepayment of fees under 28 U.S.C. § 1915, that I am unable to pay the fees for
these proceedings or to give security therefor and that I believe I am entitled to relief.
In support of this application, I answer the following questions under penalty of perjury:
1. 	Are you currently employed at the institution where you are confined? 	GYes 	GNo
If “Yes,” state the amount of your pay and where you work.
2. 	Do you receive any other payments from the institution where you are confined? 	GYes 	GNo
If “Yes,” state the source and amount of the payments.
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 35 of 36

2
3. 	Do you have any other sources of income, savings, or assets either inside or outside of the institution
where you are confined? 	GYes 	GNo
If “Yes,” state the sources and amounts of the income, savings, or assets.
I declare under penalty of perjury that the above information is true and correct.
__________________________ 	_________________________________________
DATE 	SIGNATURE OF APPLICANT
CERTIFICATE OF CORRECTIONAL OFFICIAL
AS TO STATUS OF APPLICANT=S TRUST ACCOUNT
I, 	, certify that as of the date applicant signed this application:
(Printed name of official)
The applicant’s trust account balance at this institution is: 	$ 	.
DATE 	AUTHORIZED SIGNATURE 	TITLE/ID NUMBER 	INSTITUTION
Case 4:13-cr-00709-CKJ-LAB Document 79 Filed 07/10/26 Page 36 of 36