Home Forums FEDERAL BUREAU PRISON Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits



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      Kris Marker
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      by Sam Rutherford

      The U.S. Court of Appeals for the Ninth Circuit delineated the scope of U.S. District Courts’ authority to summarily dismiss a state prisoner’s habeas corpus petition under Rule 4 of the Rules Governing Section 2254 Cases in the U.S. District Courts (“Rule 4”), holding that the U.S. …

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