Fussa v. Taylor, 343.
| Citation | 168 F. Supp. 302 |
| Decision Date | 11 December 1958 |
| Docket Number | No. 343.,343. |
| Parties | Domingo FUSSA, Petitioner, v. J. C. TAYLOR, Warden, United States Penitentiary, Lewisburg, Pennsylvania, Respondent. |
| Court | U.S. District Court — Middle District of Pennsylvania |
Domingo Fussa, pro se.
Daniel H. Jenkins, U. S. Atty., William D. Morgan, Asst. U. S. Atty., Scranton, Pa., for respondent.
Domingo Fussa is a prisoner at the United States Penitentiary, Lewisburg, Pennsylvania, having been sentenced on April 24, 1957, to a term of ten years by the United States District Court, Southern District of New York, following conviction for violation of the narcotics laws, 21 U.S.C.A. § 174, as a second offender.
He has filed a petition captioned "Application for writ of Habeas Corpus", but is not in these proceedings setting forth any reasons why he would be entitled to, nor is he claiming any right to immediate release. There is therefore no basis for habeas corpus. However, it is being treated as an application for relief in the nature of "mandamus" since he seeks an order directing the Warden to permit him to correspond with one Dolores Maisonet.
It appears that upon his admission to the Federal Detention Headquarters, New York City, he indicated that his common-law wife was one Carmen Marrero. Later upon admission to the penitentiary on June 26, 1957, he gave no hint of any intention to correspond with any common-law wife, but on November 29, 1957, he requested permission to write to his alleged common-law wife and submitted a letter addressed to Dolores Maisonet, Westfield State Farms, Bedford Hills, New York, the said address being that of a State Reformatory for female prisoners. Respondent having permitted the letter to be sent, it was returned to respondent by the Acting Superintendent of the Bedford Hills institution with a cover letter stating, inter alia:
The respondent thereupon wisely cancelled petitioner's mailing privileges to or pertaining to this woman. This Court is asked to interfere with the Warden's exercise of his discretion.
In Banning v. Looney, 10 Cir., 213 F.2d 771, certiorari denied 348 U.S. 859, 75 S.Ct. 84, 99 L.Ed. 677, the court said:
* * *"
We are not here concerned with relief ancillary to the right to file a petition for habeas corpus or institute other court action. As pointed out in Tabor v. Hardwick, 5 Cir., 224 F.2d 526, 529, this is not an absolute and unrestricted right to file any civil action they may desire. In the present case we are dealing with the ordinary censoring of mail which comes within the...
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