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· 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 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.