Colton v. Ashcroft.

• Position: HABEAS CORPUS - Violation of Administrative Procedure Act - Brief Article

U.S. District Court

PLRA -- Prison Litigation Reform Act

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...