O'Callahan v. Attorney General, Civ. A. No. 64-189-C.

• Citation: 230 F. Supp. 766
• Decision Date: 25 June 1964
• Docket Number: Civ. A. No. 64-189-C.
• Parties: James F. O'CALLAHAN, Plaintiff v. The ATTORNEY GENERAL OF the UNITED STATES, the United States Board of Parole, the Department of the Army, Defendants.
• Court: U.S. District Court — District of Massachusetts

230 F. Supp. 766

James F. O'CALLAHAN, Plaintiff v. The ATTORNEY GENERAL OF the UNITED STATES, the United States Board of Parole, the Department of the Army, Defendants.

Civ. A. No. 64-189-C.

United States District Court D. Massachusetts.

June 25, 1964.

James F. O'Callahan, pro se.

W. Arthur Garrity, Jr., U. S. Atty., Murray Falk, Asst. U. S. Atty., for defendant.

CAFFREY, District Judge.

This is a civil action for a declaratory judgment. The plaintiff is presently an inmate at the Massachusetts Correctional Institution at Walpole. The record is not clear as to when he was sentenced to Walpole by the courts of the Commonwealth of Massachusetts nor as to the period of time he will be required to serve there under the sentence of the State court.

It appears that plaintiff while serving in the United States Army in Hawaii was tried and convicted by a court-martial, and on October 11, 1956 was sentenced to ten years imprisonment at hard labor and a dishonorable discharge. Subsequently he was incarcerated in a military disciplinary barracks and thereafter, pursuant to the provisions of Article 58, Uniform Code of Military Justice (10 U.S.C.A. § 858), he was transferred to the custody of the Attorney General under whose direction he was incarcerated at the United States Penitentiary, Lewisburg, Pennsylvania. On May 6, 1960, in accordance with the provisions of 18 U.S.C. § 4203 the plaintiff was released from Lewisburg on parole and was scheduled to remain at liberty on parole until October 10, 1966. On March 13, 1962, acting pursuant to the provisions of 18 U.S.C. § 4205, the United States Board of Parole issued a warrant for the retaking of plaintiff as a parole violator and on April 11, 1962 the said warrant was lodged with the Superintendent of the Massachusetts Correctional Institution, Walpole, Massachusetts. (The papers on file do not reveal when plaintiff entered the State prison at Walpole.)

Plaintiff's complaint was drawn pro se and for that reason allowance must be made for the fact that it is something less than a model of clarity. Plaintiff's chief contentions appear to be to the effect that the Federal Bureau of Prisons erroneously computed his allowance for "good time" and that a proper computation of his "good time" credit would establish that there is no period of parole remaining for him to serve and hence there is nothing to which the detainer lodged on April 11, 1962 can apply. He also denies that he was ever legally released by parole or in any other manner by the military authorities who imposed sentence upon him and challenges the use by the Bureau of Prisons of regulations applicable to civilian prisoners as against himself originally a military prisoner. He seeks a cancellation of the detainer filed by the United States Board of Parole with the Superintendent of the State prison at Walpole.

The matter is before the Court on plaintiff's motion for summary judgment and on the Government's motion to dismiss for failure to state a...