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MALAVE v. HEDRICK

No. 01-2440.

271 F.3d 1139 (2001)

Frank MALAVE, Appellant, v. Bill HEDRICK, Warden; U.S. Parole Commission, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 6, 2001.

Attorney(s) appearing for the Case

Cynthia Jean Hyde, argued, for appellee.

Before BOWMAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

Federal inmate Frank Malave appeals the district court's1 order dismissing his 28 U.S.C. § 2241 petition and denying him leave to proceed in forma pauperis (IFP). We affirm the dismissal of his petition.

Before reaching the merits, we consider whether, in light of the Prison Litigation Reform Act (PLRA), Mr. Malave must pay the appellate filing fee. Focusing on the unique nature of habeas corpus and on Congress...

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