Legal Opinion

Ewing v. Rodgers

District Court, D. Colorado

Decided February 5, 1986No. Civ. A. 83-M-2311PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

MATSCH, District Judge.

This petition for a writ of habeas corpus was filed on December 2, 1983. Judgment granting the writ was entered on April 12, 1984, 582 F.Supp. 1513, and affirmed on appeal on November 13,1984, 748 F.2d 543. The matter is now before the court on petitioner’s motion to alter the judgment to include attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (EAJA).

The portion of the EAJA in effect during this litigation allowing for an award of attorney fees provided:

Except as otherwise specifically provided by statute, a court shall…

2Cases cited14 opinions

  1. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  2. Harris v. NelsonSupreme Court of the United States · 1969
  3. Heflin v. United StatesSupreme Court of the United States · 1959
  4. Immigration & Naturalization Service v. PhinpathyaSupreme Court of the United States · 1984
  5. Stanley Spencer v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1983

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3Cited by4 opinions

  1. Lee v. JohnsonCourt of Appeals for the Third Circuit · 1986
  2. Ewing v. RodgersCourt of Appeals for the Tenth Circuit · 1987
  3. Kent Patrick Ewing v. George Rodgers, Warden, Federal Correctional Institute, Englewood, Colorado, Norman Carlson, Director, U.S. Bureau of Prisons, Victor M.S. Reyes, Commissioner, United States Parole Commission, William French Smith, Attorney General of United States, Daniel G. Benedict v. George Rodgers, Warden, Federal Correctional Institute, Englewood, Colorado, Norman Carlson, Director, U.S. Bureau of Prisons, Victor M.S. Reyes, Commissioner, United States Parole Commission, William French Smith, Attorney General of United StatesCourt of Appeals for the Tenth Circuit · 1987
  4. Lee v. JohnsonCourt of Appeals for the Third Circuit · 1986

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