×
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:
- 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.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
- Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.