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KINCADE v. SPARKMAN

Nos. 96-5842, 96-5872.

117 F.3d 949 (1997)

James R. KINCADE, Petitioner-Appellant, v. Emmit L. SPARKMAN, Warden; Commonwealth of Kentucky, Respondents-Appellees. Anthony L. HEREFORD, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 26, 1997.

Attorney(s) appearing for the Case

James R. Kincade, Burgin, KY, pro se, Eric M. Jaegers (argued and briefed), Louisville, Kentucky, for Petitioner-Appellant James R. Kincade.

Dina A. Jones, Asst. Attorney Gen. (argued and briefed), Office of the Attorney General, Frankfort, Kentucky, for Respondents-Appellees in Case No. 96-5842.

Eric M. Jaegers (argued and briefed), Louisville, Kentucky, Anthony Hereford, Miami, FL, pro se, for Petitioner-Appellant Anthony Hereford.

John P. MacCoon, Asst. U.S. Attorney (argued and briefed), Office of the U.S. Attorney, Chattanooga, Tennessee, for Respondent-Appellee in Case No. 96-5872.

Before: MARTIN, Chief Judge; KENNEDY and BOGGS, Circuit Judges.

OPINION

BOYCE F. MARTIN, Jr., Chief Judge.

By order dated January 16, 1997, this Court consolidated these cases for the limited purpose of determining whether the filing fee provisions of the Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, §§ 801-10, 110 Stat. 1321 apply to habeas corpus petitions filed under 28 U.S.C. § 2254 and to motions to vacate a sentence filed under 28 U.S.C. § 2255. Upon careful review of the text and...

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