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Zielinski et al v. Linaweaver et al

MEMORANDUM OF LAW in Support re: 1 Petition for Writ of Habeas Corpus. Document

20 Cited authorities

  1. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,204 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  2. Rumsfeld v. Padilla

    542 U.S. 426 (2004)   Cited 4,515 times   3 Legal Analyses
    Holding that jurisdiction under § 2241(b) lies only in the district of confinement

  3. Spencer v. Kemna

    523 U.S. 1 (1998)   Cited 5,628 times   2 Legal Analyses
    Holding that an issue is moot when "there is nothing for us to remedy"

  4. Preiser v. Rodriguez

    411 U.S. 475 (1973)   Cited 18,183 times   11 Legal Analyses
    Holding that because the prisoners sought the restoration of good time credits—and consequently speedier release—their claims implicated the duration of their confinement such that their sole remedy was by writ of habeas corpus

  5. Carmona v. U.S. Bureau of Prisons

    243 F.3d 629 (2d Cir. 2001)   Cited 1,120 times
    Holding that administrative sanctions imposed for possession of narcotics while federally incarcerated may be challenged under section 2241

  6. Levine v. Apker

    455 F.3d 71 (2d Cir. 2006)   Cited 342 times   1 Legal Analyses
    Holding that case or controversy exists where “district court might, because of our ruling, modify the length of [defendant's] supervised release”

  7. Beharry v. Ashcroft

    329 F.3d 51 (2d Cir. 2003)   Cited 269 times
    Holding that, assuming statutory exhaustion requirement applied to asylum claims raised in a habeas petition, court lacked jurisdiction to consider alien's entitlement to a form of relief that he did not request in administrative proceedings

  8. Pimentel v. Gonzalez

    367 F. Supp. 2d 365 (E.D.N.Y. 2005)   Cited 104 times
    Finding futility in requiring prisoner to exhaust challenge to BOP's CCC policy

  9. Simmons v. Reynolds

    898 F.2d 865 (2d Cir. 1990)   Cited 131 times
    Holding that counsel's failure to file a brief for five years constituted ineffective assistance of counsel as a matter of law

  10. U.S. v. Kozeny

    541 F.3d 166 (2d Cir. 2008)   Cited 57 times   1 Legal Analyses
    Interpreting 18 U.S.C. § 3292

  11. Section 2254 - State custody; remedies in Federal courts

    28 U.S.C. § 2254   Cited 205,300 times   341 Legal Analyses
    Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"

  12. Section 2243 - Issuance of writ; return; hearing; decision

    28 U.S.C. § 2243   Cited 9,892 times   5 Legal Analyses
    In 28 U.S.C. § 2243 and 2244, the word "entertain" means a federal district court's conclusion, after examination of the habeas corpus application with such accompanying papers as the court deems necessary, that a hearing on the merits, legal or factual, is proper.

  13. Section 3624 - Release of a prisoner

    18 U.S.C. § 3624   Cited 5,959 times   12 Legal Analyses
    Granting to the Bureau of Prisons the authority to order home confinement