United States Third Circuit

In 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, district court's dismissal of the action in concluding that it should have been filed as a civil rights action is vacated and remanded since, 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.

Appellate Information

• Argued 06/21/2010
• Decided 12/02/2010
• Published 12/02/2010

Judges

• SMITH

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Dennis E. Boyle, Kate L. Mershimer