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· 2/12/1991

James Milus Weaver v. Orville B. Pung

Citations

  • 925 F.2d 1097
  • 1991 U.S. App. LEXIS 2055
  • 1991 WL 15538

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting proceeding in forma pauperis is not a right but a privilege
  • A “district court lacks subject-matter jurisdiction” if the “petitioner does not satisfy the custody requirement.”
  • “Custody is tested at the time of filing the petition. A person must be in custody under the conviction or sentence attacked at the time of filing. A person whose sentence has fully expired at the time his petition is filed can not satisfy the custody requirement.” (internal citations omitted
  • “Custody is tested at the time of filing the petition. A person must be in custody under the conviction or sentence attacked at the time of filing. A person whose sentence has fully expired at the time his petition is filed can not satisfy the custody requirement.” (internal citations omitted

Source: CourtListener parenthetical corpus (CC0).

Judges: Arnold, Magill, Benson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.