(Download) "Grene v. Britton" by United States Court of Appeals for the Fifth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Grene v. Britton
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 26, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Robert Grene, a federal prisoner, appeals the district court's summary denial of his petition, styled a request for habeas corpus and injunctive relief. Because Grene's pleadings have sufficiently alleged facts which, if proven, would entitle him to relief, we remand the case to the district court for further proceedings. In his petition Grene contended that the officials at the United States Penitentiary at Atlanta, Georgia, where he is confined, have denied him free access to the courts, by imposing punishment upon him for sending out court material through an unusual but necessary channel. According to the pleadings, Grene's brief for his appeal in this Court, No. 71-1501, was due on May 31, 1971, but the Prisoners' Mail Box1 was in an ""overstuffed condition"" from May 26, 1971, until at least June 1, 1971. Consequently, Grene was forced to give his brief to a non-salaried employee of the institution, an assistant rabbi, for mailing on June 1, 1971. In his ""petition"" below, Grene contended that because the prison had failed to publish any notice proscribing such action and because he was not aware that it was impermissible, the prison's subsequent abrogation of certain of his privileges constituted a violation of his right of free access to the courts.2