§ Rule 4 Preliminary Review; Serving the Petition and Order

Codes > United States Code > Title 28 > Part VI : Chapter 153 > Rules Governing : Rule 4

Rule 4. Preliminary Review; Serving the Petition and Order

    The clerk must promptly forward the petition to a judge under the court's assignment procedure, and the judge must promptly examine it. If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner. If the petition is not dismissed, the judge must order the respondent to file an answer, motion, or other response within a fixed time, or to take other action the judge may order. In every case, the clerk must serve a copy of the petition and any order on the respondent and on the attorney general or other appropriate officer of the state involved.