×
You've used up your 3 free articles for this month. Subscribe today.
Ninth Circuit: PLRA Doesn't Apply to Habeas
Loaded on June 15, 1997
published in Prison Legal News
June, 1997, page 9
The court of appeals for the ninth circuit held that the filing fee requirements of the Prison Litigation Reform Act (PLRA) do not apply to habeas corpus proceedings. "We... hold that the forma pauperis provisions of the PLRA relating to prisoner civil actions and appeals do not apply to habeas …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- America's Private Gulag, by Ken Silverstein
- Speedy Death Penalty Provisions Enjoined in California
- Strange Bedfellows; CCA's Political Connections, by Alex Friedmann
- Texas Sheriff Exploits Prisoner Labor
- From the Editor, by Paul Wright
- Grievance Retaliation Unconstitutional
- Qualified Immunity for Strip Search
- PLRA Not Enough for Fourth Circuit
- Sixth Circuit Issues PLRA IFP Order
- Fifth Circuit Holds that PLRA Requires Fees in All Pending Cases
- Ninth Circuit: PLRA Doesn't Apply to Habeas
- Massachusetts Court Avoids Ruling on Consent Decree Termination
- Pro Se Tips and Tactics (Declaratory Relief), by John Midgley
- Federal Parolees Kicked off Internet
- Texas Prison Building Corruption, Problems and Dangers
- A Matter of Fact
- Jury Verdict in Prisoner Attack Affirmed
- On the Edge of Midnight, by Mr Wolf
- CDC Consent Decree Contempt Vacated
- California Prisoner Wins Judgment Against Guard in Shooting
- PLN Readers Dissatisfied with Freedom Press
- California Slave Labor Loses Money
- Denial of Eyeglasses Violates Eighth Amendment
- Swastika Carved on CDC Prison Guard Rifle
- Illinois Jail Conditions Suit States Claim
- FTCA Suit Not Barred by Prior Bivens Claim
- Trial Required on ADA EFV Claim
- California Prisoners Entitled to Contact Attorney Visits
- No Frivolousness Review Allowed When Filing Fee Paid
- Book Review - Privatization and the Provision of Correctional Services: Context and Consequences
- Iowa Retaliation Verdict Affirmed
- Pro Se Litigant Entitled to Defendant's Identity
- Relation Back Period Suspended during IFP Application
- 'Scared Straight' Youths Molested in Texas Prison
- Prison NA Meetings Violate Establishment Clause
- BOP Owes Duty of Care to Prisoners
- TB Isolation May Violate RFRA
- News in Brief
- Habeas Petition Not Mooted by Segregation Release
- BOP Can't Set Restitution
- Wisconsin RFRA Jewelry Ruling Affirmed
- Mississippi Detainees Awarded Damages in Disciplinary Suit
- Prisoners' Spouses Challenge Washington 35% Law
- Massachusetts Prisoners Awarded Back Pay
- $7,500 Awarded in Guard Beating
More from these topics:
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- 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.