Gaglie v. Ulibarri, 73-1484

Citation507 F.2d 721
Decision Date17 December 1974
Docket NumberNo. 73-1484,73-1484
PartiesWilliam N. GAGLIE, Petitioner-Appellee, v. Alfred ULIBARRI, Camp Administrator Respondent, and UNITED STATES of America, Real Party in Interest, Appellant.
CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)

P. Michael Drake, Asst. U.S. Atty. (argued), Tucson, Ariz., for appellant.

William N. Gaglie, in pro. per.

Before BARNES and GOODWIN, Circuit Judges, and CROCKER, 1 District judge.

OPINION

CROCKER, District Judge:

William N. Gaglie petitioned the U.S. District Court for the District of Arizona for a writ of Habeas Corpus or, in the alternative, for declaratory and injunctive relief that would direct the Administrator of the Federal Prison Camp at Safford, Arizona, where petitioner was confined, to supply him and all indigents in his custody, with an adequate law library to exercise their fifth amendment right to effective access to the courts, as required by Gilmore v. Lynch, 319 F.Supp. 105 (N.D.Cal.1970), aff'd subnom., Younger v. Gilmore, 404 U.S. 15, 92 S.Ct. 250, 30 L.Ed.2d 142 (1971).

The Government contends that the Bureau of Prisons Policy Statement 2001.2B issued May 8, 1972, granting all issues of U.S. Supreme Court Reports, Federal Reporter Second and Federal Supplement from May 1972 to the present, in addition to the books already at the Safford Prison Camp, is sufficient, particularly when considered with the other means available to gain access to the courts. It is noted by the Government that a program was initiated in September of 1972 between the Bureau of Prisons and the College of Law at the University of Arizona in which law students provide legal assistance to Safford prisoners who wish to file writs; in addition prisoners can seek the aid of the Public Defender's office in preparing their writs. It is stressed by the Government that an extensive law library is not necessary, as Safford Prison is a minimum security prison and is composed of offenders having short sentences or offenders who have completed the major portion of long terms.

The U.S. District Court of Arizona, the Honorable James A. Walsh, U.S. District Judge, granted Summary Judgment in favor of William N. Gaglie. It was ordered that the Federal Prison Camp at Safford must fully comply with the provisions of the Bureau of Prisons Policy Statement 2001.2B and in addition the prison law library must contain United States Supreme Court Reports beginning with Volume 300, Federal Reporter Second beginning with...

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8 cases
  • Padgett v. Stein, 72-487 Civil.
    • United States
    • U.S. District Court — Middle District of Pennsylvania
    • 16 Diciembre 1975
    ...935; Johnson v. Avery, 1969, 393 U.S. 483, 89 S.Ct. 747, 21 L.Ed.2d 718; Cruz v. Hauck, 5 Cir. 1975, 515 F.2d 322; Guglie v. Ulibarri, 9 Cir. 1974, 507 F.2d 721. "Access to the courts" encompasses all the means an inmate requires to get a fair hearing from the judiciary on the charges broug......
  • Bounds v. Smith
    • United States
    • U.S. Supreme Court
    • 27 Abril 1977
    ...v. Reed, 530 F.2d 1207 (CA5 1976), aff'g 391 F.Supp. 1375 (ND Miss.1975); Bryan v. Werner, 516 F.2d 233 (CA3 1975); Gaglie v. Ulibarri, 507 F.2d 721 (CA9 1974); Corpus v. Estelle, 409 F.Supp. 1090 (SD * The record reflects that prison officials in no way interfered with inmates' use of thei......
  • Hall v. State of Md.
    • United States
    • U.S. District Court — District of Maryland
    • 8 Febrero 1977
    ...access by state or federal prisoners to the courts are required. Cruz v. Hauck, 515 F.2d 322, 332 (5th Cir. 1975); Gaglie v. Ulibarri, 507 F.2d 721 (9th Cir. 1974); Hooks v. Wainwright, 457 F.2d 502 (5th Cir. 1972); Wilson v. Zarhadnick, 406 F.Supp. 1195 (M.D.Ga.1975); Padgett v. Stein, 406......
  • Lindquist v. Idaho State Bd. of Corrections
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 15 Noviembre 1985
    ...544 (4th Cir.1975), aff'd, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977). The inmates contend that our decision in Gaglie v. Ulibarri, 507 F.2d 721 (9th Cir.1974), requires us to find that the Prison's library must have the Federal Supplement beginning with volume 200. In Gaglie, we aff......
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