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PLRA Doesn't Apply to Habeas
Loaded on Jan. 15, 1998
published in Prison Legal News
January, 1998, page 8
The court of appeals for the first circuit held that the filing fee provisions of the PLRA do not apply to habeas corpus petitions. In doing so, the first circuit joined the other eleven circuits that have held likewise. At this point all circuit courts are unanimous that the PLRA's …
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More from this issue:
- Smoking, Lies and Hypocrisy, by Paul Wright
- Education as Crime Prevention: Providing Education to Prisoners, by Dan Pens
- From the Editor, by Paul Wright
- Judge-Made Law, by Mumia Abu-Jamal
- TCI Breaks 'Inmate Telephone System' Stranglehold, by Dan Pens
- Utah Governor's 'Pal' Dupes Parole Officials
- Motion for Seized Property Subject to PLRA Fee
- Attn: Lawyers in Prison
- Dismissal of Paid Suit Counts as a "Strike"
- Fifth Circuit Upholds PLRA IFP Provisions
- Mailbox Rule Applies to Trust Fund Statement
- Mandamus Appeal Denied as Third Strike
- PLRA Doesn't Apply to Habeas
- Writs of Mandamus Not Subject to PLRA Fees
- AL Jail Enjoined From Holding Prisoners Overnight
- Former Warden Wins Suit Against TDCJ
- Washington 35% Law Struck Down, in Part
- $135,000 Award in Beating Affirmed, Municipal Liability Reversed
- Torture Info Wanted
- News in Brief
- Legal Material Confiscation May Violate First Amendment
- A Matter of Fact
- Alabama Jail Held in Contempt for Crowding
- Dismissal for Derelict Lawyer Reversed, by Arizona prisoner (name withheld)
- New York Work Release Creates Liberty Interest
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.