A § 2241 petition challenges the execution of a sentence — time credits, computation, discipline — rather than whether the conviction is valid. Two things sink most of them before the merits: skipping the administrative remedy process, and filing in the wrong district.

The form you need: Official § 2241 form (AO 242) — the official fillable PDF, unmodified. See the forms library for the issuing authority's page.

Exhaust the BOP administrative remedy process first

Attempt informal resolution with staff (28 C.F.R. § 542.13), unless an exception applies.
BP-9 to the Warden: the deadline for completing informal resolution and submitting the formal written request is 20 calendar days from the date the basis for the request occurred (§ 542.14(a)).
BP-10 to the Regional Director: within 20 calendar days of the date the Warden signed the response (§ 542.15(a)).
BP-11 to the General Counsel: within 30 calendar days of the date the Regional Director signed. This is the final administrative appeal (§ 542.15(a)).
Response times are 20 days from the Warden, 30 from the Regional Director, 40 from the General Counsel (§ 542.18). Keep dated copies of everything you send and receive.

Where to file, and against whom

File in the district where you are confined — not the district that sentenced you.
Name your immediate custodian, ordinarily the warden of your facility, as respondent. This is the immediate-custodian rule the Supreme Court applied in Rumsfeld v. Padilla.
If you transfer facilities mid-case, tell the court promptly. Venue and the proper respondent can both change.

Fee or in forma pauperis

The filing fee on an application for a writ of habeas corpus is $5 under 28 U.S.C. § 1914(a) — not the $350 civil fee.
If you cannot pay it, file an in forma pauperis application with a certificate from the institution showing your account balance.

Know the limit of § 2241

§ 2241 is not a workaround for a § 2255 problem. In Jones v. Hendrix, the Supreme Court held the saving clause does not let a prisoner use § 2241 to raise a claim that § 2255's second-or-successive restrictions bar.
If your argument is that the conviction or sentence is unlawful, that is a § 2255 argument even if § 2255 is now closed to you.

Primary authority

Every item on this page was checked against the sources above before publication — see our editorial standards.

Need the document prepared? Call 786-408-5073 or email info@prisonerlegalaid.com.

Not a prediction of any outcome. Deadlines and local rules vary by district — confirm them against your own court's rules and your own record.

§ 2241 Checklist: Exhaustion, Venue, $5 Fee

Exhaust the BOP administrative remedy process first

Where to file, and against whom

Fee or in forma pauperis

Know the limit of § 2241

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