· 8/10/2010
Stanko v. Davis
Citations
- 617 F.3d 1262
- 2010 U.S. App. LEXIS 16486
- 2010 WL 3122802
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that common law doctrines of successive and abusive writs grant district courts discretion to refuse to consider § 2241 petitions that (1) relitigate previously resolved claims or (2) raise claims that could have been brought in a previous petition
- concluding federal inmate did not need preauthorization to file successive § 2241 petition because § 2244(b) explicitly refers to § 2254 petitions
- concluding a prisoner did not need preauthorization to file a successive § 2241 petition because § 2244(b) explicitly refers to § 2254 petitions
- holding “the abuse of the writ doctrine continued to apply to habeas petitions that raised new grounds for relief’ even after the statutory amendment of § 2244
- applying harmless error analysis to sua sponte dismissal when the petitioner had other opportunities to plead the validity of his petition
- “a prisoner challenging the administration of his sentence will not be relying on newly discovered evidence”
Source: CourtListener parenthetical corpus (CC0).
Judges: Murphy, McKay, Baldock
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.