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McGee v. Martinez, 08-4199

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By FindLaw Staff on December 02, 2010 2:43 PM

Dismissal of defendant's habeas petition challenging the IFRP payment schedule and sanctions imposed for noncompliance with payment vacated

McGee v. Martinez, 08-4199, concerned an inmate's petition pro se under 28 U.S.C. section 2241, claiming that his rights were being violated by the "unconstitutional conditions of confinement," by the restriction of his commissary spending and the hindrance this imposed on his ability to pursue his original habeas action.

In vacating the district court's dismissal of the action in concluding that it should have been filed as a civil rights action, the court remanded the matter and held that, because the IFRP payment schedule and the sanctions imposed for noncompliance are part of the execution of defendant's sentence, the claim that they are illegal and invalid falls under the rubric of a section 2241 habeas petition.

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