Hall v. Cain
Court of Appeals for the Fifth Circuit
1Per curiam
Mark D. Hall seeks a certificate of ap-pealability (COA) to appeal the district court’s denial of his 28 U.S.C. § 2254 petition. Though we believe the district court erred in dismissing his petition as untimely, we DENY COA because Hall has failed to prove that jurists of reason could find that he has proved the substantial denial of a constitutional right. However, because the district court erroneously imposed a filing fee under the Prison Litigation Reform Act (PLRA), we REMAND with instructions to VACATE the PLRA order and return Hall’s funds.
I
Hall was convicted of first degree murder in…
2Cases cited6 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Fisher v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
- Feliz Talaz Villegas v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
- Smith v. WardCourt of Appeals for the Fifth Circuit · 2000
- United States v. Ralph ColeCourt of Appeals for the Fifth Circuit · 1996
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Melancon v. KayloCourt of Appeals for the Fifth Circuit · 2001
- Foster v. QuartermanCourt of Appeals for the Fifth Circuit · 2006
- Houser v. DretkeCourt of Appeals for the Fifth Circuit · 2004
- Grillette v. Warden, Winn Correctional CenterCourt of Appeals for the Fifth Circuit · 2004
- Evicci v. Commissioner of CorrectionsCourt of Appeals for the First Circuit · 2000
9 more not listed; retrieve them via the Exa API.