01-1413 Cox v. McBride

By: dmc-admin//February 4, 2002//

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“Congress can and perhaps should amend the statute to bring petitions for habeas corpus that challenge prison discipline under the one-year (or some other definite) limitation, but unless and until it does so the only limitation is the equitable principle of laches codifed in Rule 9(a) of the Rules Governing Section 2254 Cases in the United States District Courts. … Unlike a statute of limitations, application of the doctrine of laches requires a showing that the petitioner’s delay was not only unreasonable but also prejudicial to his opponent.

“The respondent argues in the alternative that the petitioner failed to exhaust his administrative remedies. The record is insufficiently developed to enable us to evaluate the argument.”

Vacated and remanded.

Appeal from the United States District Court for the Northern District of Indiana, Sharp, J., Posner, J.

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