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Third Circuit Rules that PLRA Doesn't Apply to Habeas
Loaded on Feb. 15, 1997
published in Prison Legal News
February, 1997, page 12
The court of appeals for the third circuit held that the Prison Litigation Reform Act's (PLRA) provision that prisoner litigants pay the filing fee for civil actions does not apply to habeas corpus petitions. The court gave an extensive discussion to the history and intent of the poorly drafted PLRA. …
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More from this issue:
- New Plantation, by Bill Dunne
- Washington Grievance Mail Case Reversed
- Costs of Crime, by JW Mason
- Late Notice of Appeal Allowed
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Eyewitness News from Missouri, by K.C.
- New Improved Chain Gang, by F.B.
- Circus is in Town
- Stunning Revelations, by Adrian Lomax
- Kansas Prisoners Lose Welfare Fund Suit
- PLRA's IFP Provisions Violate Equal Protection
- Third Circuit Rules that PLRA Doesn't Apply to Habeas
- PLRA IFP Provision Applied Retroactively
- PLRA Doesn't Apply Retroactively to Special Masters
- Rosenberg Fund for Children, by Carol Carvalho
- South Carolina Consent Decree Terminated under PLRA
- Corcoran Prison Cover-up, by Willie Wisely
- Tennessee Jail Overcrowding is State's Fault
- Prison Health Report Issued
- Book Review: Constitutional Rights of Prisoners
- Women's Prison Book Project
- World Criminal Justice Systems: A Survey
- Corrections in the Community (book)
- New Jersey Sex Offender Registration Injunction Vacated
- Prison Population Growth in 1995
- No Administrative Exhaustion Requirement in 7th Circuit
- Informant Testimony Must Be Reliable
- New York Work Release Creates Liberty Interest
- Private Prison Liable for Wrongful Imprisonment
- Lawsuits Target Georgia Prison Abuse, by Robert Bensing
- ADA Requires Phones for Deaf
- News in Brief
- Inadequate Public Defender Funding Unconstitutional
More from these topics:
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- SCOTUS Continues to Hack Away At First Step Act, July 1, 2026. Conditions of Confinement, PLRA, Post-release, ex-offender, re-entry, Sentences - Corrections or Modifications of, Compassionate Release.
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026. Conditions of Confinement, PLRA, Prisoner Privileges, Rehabilitation/Recidivism, Telephones.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- Eighth Circuit Rules Iowa Prisoner’s Adverse Summary Judgment Is Not a “Strike”, March 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Summary Judgment, Failure to Treat (Mental Illness), Access To Courts.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.

