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PLRA Filing Fees Don't Apply to Habeas Petitions
Loaded on Nov. 15, 1996
published in Prison Legal News
November, 1996, page 9
The court of appeals for the second circuit has held that the Prison Litigation Reform Act's (PLRA) imposition of filing fee payment obligations on civil actions filed by prisoners do not apply to habeas corpus petitions. While federal habeas corpus petitions are usually considered civil actions for procedural purposes, the ...
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More from this issue:
- The Fundamental Right of Self-Defense in Prison, by Robert F Nelson
- From the Editor, by Paul Wright
- The Pelican Bay Factor, by Abdul Olugbala Shakur
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Prison Tragedy Results in Settlement
- Overview, by National Prison Project
- Filing Fee Requirement Not Retroactive
- Louisiana Prison System Back Under Court Supervision
- PLRA Applied Retroactively to Filing Fees
- 2nd Circuit Applies PLRA to IFP Litigants
- Prior Frivolous Suits Count for PLRA
- PLRA Application to Mandamus Discussed
- PLRA Filing Fees Don't Apply to Habeas Petitions
- Three Strikes Applied
- A Matter of Fact
- State Moves to Lift Federal Court Order at Washington State Penitentiary, by David C Fathi
- Criminal Injustice: Confronting the Prison Crisis, by Daniel Burton-Rose
- Eight Corcoran Guards Fired, Five Reinstated
- Ohio "Eases" Prison Overcrowding
- Prison Labor and Private Profit, by Adrian Lomax
- WSR Smoking Suit Settled
- In Harms' Way: Texas Prisoner Shot
- Criminal Prosecutors Get Their Day In Court
- Texas Taxes Spent on DCJ Luxuries
- Gas Chamber Found Unconstitutional
- Publisher Entitled to Notice of Magazine Censorship
- Disciplinary Records Inadmissible Evidence
- No Right to Unmonitored Prison Calls
- Macing and Restraints State Eighth Amendment Claim
- Satanist Claim Goes to Trial
- Nevada Prisoners Have Liberty Interest in Disciplinary Hearings
- News in Brief
- Guard Caught Holding the Knife
More from these topics:
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024. Habeas Corpus, Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Summary Disposition, Cause and Prejudice, Proving Cause.
- California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition, July 15, 2024. Habeas Corpus, Appeals/Appellate Jurisdiction.
- Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal, July 15, 2024. Habeas Corpus.
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell, May 15, 2024. Habeas Corpus, AEDPA.
- The Death of the Savings Clause, May 15, 2024. Habeas Corpus, AEDPA.
- Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA, May 1, 2024. Filing Fees (PLRA), Recalling Mandate, Three Strike Litigants.
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024. Resources, Habeas Corpus, AEDPA.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.