×
You've used up your 3 free articles for this month. Subscribe today.
Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 Motion
Loaded on Oct. 15, 2009
published in Prison Legal News
October, 2009, page 35
Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 MotionThe U.S. Court of Appeals for the Eleventh Circuit held that it was error for a district court clerk to refuse to file an unsigned 28 U.S.C. § 2255 motion.
On May 20, 2004, Georges Michel’s co-defendant, James ...
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:
- Texas Prisoners Still Dying in Houston Jails, Among Other Problems, by Gary Hunter
- From the Editor, by Paul Wright
- Fifth Circuit: Special Parole Review Request Doesn’t Toll AEDPA Limitations
- Megan’s Law Preempts Local New Jersey Sex Offender Ordinances
- “Habeas Hints”, by Kent A. Russell
- Perpetrators and Enablers of Torture in the US, by Corey Weinstein
- Maine Prison in Turmoil, by Lance Tapley
- Obama Promises Guantanamo Will Close and Torture Will End ... but When?, by Matthew Clarke
- Human Rights Watch Report Calls to Reform PLRA, by David Reutter
- Florida Prison Guards Fired, Suspended for Shocking Children with Stun Guns, by David Reutter
- Problems at Washington’s Civil Commitment Center Continue, by Matthew Clarke
- Southern California Jails Addicted to ICE Money, by Matthew Clarke
- CA Prison Medical Care Receiver: Three Top Officials Ousted, Controversial Building Plan Opposed, by Matthew Clarke
- California Sheriffs Appropriate Rehabilitation Funds for Security Needs, by Michael Brodheim
- Sacramento County Jail Settles Excessive Force Suit For $260,000
- Nebraska Prison Officials Must Pay Attorney’s Fees in Kosher Diet Case; Found in Contempt After Excrement Discovered in Prisoner’s Food, by Brandon Sample
- PLN Files Public Records Suit Against San Francisco County, Sheriff’s Office
- Columbia Jail Journal: The Compelling, Exclusive Inside Story of the Columbia Three, by James Monaghan, Brandon Press, 277 pages, by David Preston
- Florida DOC and Keefe Gouge Prisoners on Commissary Sales, by David Reutter
- $1.8 Million Settlement in Beating of Florida Jail Prisoner
- Pennsylvania Jail Mired in Scandal ... Again
- Montana, Michigan Towns Vie to Fill Prisons with Guantanamo Detainees
- $4.7 Million Settlement for Brain Damage Caused by Washington Jail Negligence
- Michigan Changes Overtime Rules; $4 Million Savings on Prison Budget
- Glomar Response to Prisoner’s FOIA Request Insufficient
- Texas Parole Board’s Hearing on Imposition of Sex Offender Conditions Inadequate, by Matthew Clarke
- PLN Prevails in Motion to Unseal Settlement in CCA Class Action FLSA Case
- $6 Million Settlement in Beating Death of California Detainee
- $500,000 Settlement for Fatal Beating of Phoenix Jail Prisoner, by Matthew Clarke
- Los Angeles County Agrees to Pay $7,000,000 to Beaten Juvenile Prisoner
- Ohio County Jail Agrees to Pay $75,000 For Locking Up Poor
- Small Amounts of Marijuana Not “Dangerous Contraband” Under New York Law, Court Rules
- Audit Finds California Parolees Sometimes Slip Through Bureaucratic Cracks
- Maryland Prisoners Make Flags
- Mississippi Prisoners Make Collect Call for Jesus
- Clerk Erred in Refusing to File Unsigned 28 U.S.C. § 2255 Motion
- Aramark Discontinues, Loses Prison Food Service Contracts, by David Reutter
- Injunction Against Missouri Sex Offender Halloween Restrictions Issued, Then Vacated, by Matthew Clarke
- Mentally Ill NC Prisoners Injured in Separate Incidents, by Gary Hunter
- $145,000 Settlement in Iowa Prisoner’s Self-Mutilation Mental Health Claim, by David Reutter
- Missouri DOC Permits Gift Books in Response to PLN Demand Letter
- Hawaii to Remove Prisoners from CCA Facility Over Abuse Charges, by Ian Urbina
- Military Psychologist Implicated in Abusive Interrogations, by David Reutter
- Indigent Connecticut Prisoners Entitled to Copies of Records Under FOIA Without Charge
- Duration of Confinement in Segregation Affects Due Process Inquiry
- Second Circuit Reinstates New York Jail Guard’s Excessive Force Conviction, by Matthew Clarke
- California: City Liable for $237,000 Hospital Bill for Prisoner’s Medical Care
- Oakland, CA Police Policy of In-Field Public Strip Searches Without Arrest or Warrant Found Unconstitutional
- Florida: For Sentence Calculation Purposes, Civil Commitment Detention Same as Jail Confinement
- District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement
- Florida Gain Time Law Application Violates Ex Post Facto Clause
- Ninth Circuit: Refusal to Allow Cross-Examination of Lab Technician Violates Due Process, by Brandon Sample
- Ohio Jail Officials Face Federal Charges, Investigation, by Brandon Sample
- BOP Warden Does Not Have Authority to Reduce Prisoner’s Sentence Under Rule 35(b), by Brandon Sample
- News in Brief:
- Oregon Illegal Detention Suit Settled for $30,000
- Sixth Circuit: Dismissal of Due Process and Equal Protection Claims Upheld; Exhaustion of Administrative Remedies Issue Remanded
More from these topics:
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- Georgia Moves to Shield Intellectually Disabled Prisoners from Execution, June 1, 2025. Sentencing, Death Penalty.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, May 15, 2025. Sentencing, Drug Laws/Offenses.
- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, May 15, 2025. Sentencing, Failure To Consider Disparity, Federal-State Differences/Disparity/Conflicts, Disparity in Charging/Sentencing Practices.
- SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, May 15, 2025. Sentencing, False Statements/Perjury.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.