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· 10/24/2006

Larry Hutcherson v. Bob Riley

Citations

  • 468 F.3d 750
  • 2006 U.S. App. LEXIS 26307
  • 2006 WL 3008401

How courts have described this case

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

  • explaining that a petitioner must satisfy the requirements of 28 U.S.C. § 2244(b) after his original § 2254 petition is dismissed as untimely
  • explaining that a petitioner must satisfy the requirements of 28 U.S.C. § 2244(b) after his original § 2254 petition is dismissed as untimely
  • explaining that a petitioner must satisfy the requirements of 28 U.S.C. § 2244(b) after his original § 2254 7 petition is dismissed as untimely
  • explaining that when a prisoner raises “any challenge to the lawfulness of confinement or the particulars affecting its duration, his claim falls solely within the province of habeas corpus under § 2254.”
  • concluding federal habeas corpus statutes and § 1983 “are mutually exclusive: if a claim can be raised in a federal habeas petition, that same claim cannot be raised in a § 1983 civil rights action
  • describing Preiser line of cases as holding that habeas and section 1983 are “mutually exclusive”

Source: CourtListener parenthetical corpus (CC0).

Judges: Birch, Dubina, Wilson

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.