· 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 CourtListenerSourced 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.