Colton v. Ashcroft.
Colton v. Ashcroft, 299 F.Supp.2d 681 (E.D.Ky. 2004). A federal prisoner filed a petition for habeas corpus relief alleging that the federal Bureau of Prison's new regulation, which would delay his release to a halfway house until only ten percent of his sentence remained, violated the notice and comment provisions of the Administrative Procedures Act (APA). The district court granted the prisoner's motion for a preliminary injunction. The court held that the Prison Litigation Reform Act's (PLRA) exhaustion requirements did not apply to a habeas petition. The court noted that the public interest would be served by the grant of an injunction and that the prisoner would be irreparably harmed in the absence of an injunction. The court ordered the prisoner to be immediately transferred to a halfway house without regard to the new regulation. (FMC-Lexington, Kentucky, Federal Bureau of Prisons)
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|Publication:||Corrections Caselaw Quarterly|
|Article Type:||Brief Article|
|Date:||Nov 1, 2004|
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