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Monday, December 19, 2005

Ind. Decisions - Two prisoner appeals posted late Friday

The 7th Circuit posted two prisoner appeals late Friday. One was from an Indiana court. In Pavlovsky v. Van Natta (ND Ind., Judge Simon), a 4-page opinion, Judge Posner concludes:

We conclude that Pavlovsky’s appeal is not, as the government argues, from a second or subsequent petition, and so all he requires is a certificate of appealability. 28 U.S.C. § 2253(c). He is not entitled to one, because his petition was untimely and therefore properly denied—with prejudice. But we take this opportunity to remind district judges that they should be careful not to label a dismissal of a habeas corpus petition on the merits as being without prejudice, thereby depriving the dismissal of the finality that it ought to have.

Posted by Marcia Oddi on December 19, 2005 09:42 AM
Posted to Ind. (7th Cir.) Decisions