Gerrish v. State of Maine, Civ. No. 706.
| Decision Date | 15 March 1950 |
| Docket Number | Civ. No. 706. |
| Parties | GERRISH v. STATE OF MAINE. |
| Court | U.S. District Court — District of Maine |
None for petitioner.
None for respondent.
This matter comes before me upon the petition of Frederick Gerrish for a restraining order against the State of Maine, petition having been ordered filed without payment of fees upon petitioner's oath of inability to pay the required fee.
The petitioner, confined as a prisoner in the Maine State Prison in Thomaston, Maine, has twice previously filed petitions for writs of habeas corpus, both of which were denied, the first because petitioner failed to allege the necessary facts concerning his commitment and detention as required by Sec. 2242, Title 28 U.S. Code Annotated, and, furthermore, petitioner failed to allege that he had exhausted the remedies available to him in the courts of the State of Maine, or that there was an absence of available State corrective process, or that there existed circumstances rendering such process ineffective to protect the rights of petitioner, such allegation being required by Sec. 2254 of Title 28 U.S. Code Annotated. The second was denied for like reasons.
The petitioner in this petition alleges that he caused a "petition of complaint for public investigation to appear before the Executive authority of the State of Maine, the Governor, in which he appealed for redress arising from an illegal and unjust confinement in the Maine State Prison at Thomaston."
It is apparent from the context of this petition that petitioner prepared it himself. It contains much vague and inept language and allegations extraneous to the issue here involved. This Court has made due allowance for these facts in construing and ruling on the petition.
The basis of his complaint addressed to this Court appears to be as follows: Petitioner caused an application for pardon to be presented to the Governor and Executive Council of the State of Maine, and receipt of the petition was acknowledged. The Secretary of State for the State of Maine informed the petitioner that in order for the Governor and Council to act on his petition for a pardon the statutory provisions for filing petitions must be complied with; that is, the petition must be completed and signed by the prisoner, together with certified copies of the indictment, his record of conviction and sentence, and mailed to the office of the Secretary of State. He was likewise advised by the Secretary of State that under article 5, part first, Sec. 11 of the Constitution of Maine, the Governor with the advice and consent of the Council can grant reprieves, communications, and pardons upon such conditions and with such restrictions and limitations as may be deemed proper, subject to such regulations as may be provided by law relating to the manner of applying for pardons. He was likewise informed of the Legislative provisions relating to petitions for pardon or commutation of sentences, and also that under Sec. 49 of Chap. 136, Rev. Stat. 1944, the laws of Maine provide that written notice be given to the County Attorney and that publication of the petition for a pardon should be inserted in a newspaper for the prescribed period of time. The petitioner having failed to comply with the requirements noted by the Secretary of State in his letter to...
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Haas v. United States, 17873.
...of the prisoner\'s rights." ("1 Numer v. Miller, 9 Cir., 165 F.2d 986; Reilly v. Hiatt, D.C., 63 F.Supp. 477; Gerrish v. State of Maine, D.C., 89 F.Supp. 244.") Certainly that is not true in the instant case, where defendant and his counsel had every opportunity needed for personal consulta......
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United States v. Randolph
...7 Cir., 216 F.2d 561, certiorari denied 349 U.S. 940, 75 S.Ct. 786, 99 L.Ed. 1268; Adams v. Ellis, 5 Cir., 197 F.2d 483; Gerrish v. State of Maine, D.C., 89 F.Supp. 244; Green v. State of Maine, D.C., 113 F. Supp. 253. It is difficult to understand how this is pertinent to the present petit......
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United States v. Fay
...92 L.Ed. 1356; Adams v. Ellis, 5 Cir., 1952, 197 F.2d 483, 485; Numer v. Miller, 9 Cir., 1948, 165 F.2d 986; Gerrish v. State of Maine, D.C.S.D. Me.1950, 89 F.Supp. 244, 246; Reilly v. Hiatt, D.C.M.D.Pa.1945, 63 F.Supp. 477. Thus, the mere withholding of petitioner's letter by prison author......
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Adams v. Ellis, 13868.
...the petition. Judgment affirmed. 1 Numer v. Miller, 9 Cir., 165 F.2d 986; Reilly v. Hiatt, D.C., 63 F.Supp. 477; Gerrish v. State of Maine, D.C., 89 F. Supp. 244. ...