Grene v. Britton, 71-2834 Summary Calendar.
| Decision Date | 26 January 1972 |
| Docket Number | No. 71-2834 Summary Calendar.,71-2834 Summary Calendar. |
| Citation | 455 F.2d 473 |
| Parties | Robert GRENE, Petitioner-Appellant, v. S. J. BRITTON, Acting Warden, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Robert Grene, pro se.
Charles A. Pannell, Jr., Atlanta, Ga., for respondent-appellee.
Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.
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
The district court held that it lacked jurisdiction to grant relief, on grounds that Grene's complaint involved only matters of prison discipline and administration, with which a court will not interfere absent a showing of an abuse of discretion on the part of prison officials. But the district court failed to recognize the scrutiny we have required for prison regulations impinging upon a prisoner's right to communicate with the courts and with elected officials. As we recently held in Andrade v. Hauck, 5 Cir. 1971, 1071 F.2d 452.
Grene alleged that he was punished for what he contends is "a reasonable...
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Hooks v. Kelley
...Johnson v. Avery, 393 U.S. 483, 89 S.Ct. 747, 21 L.Ed.2d 718 (1969). 4 Campbell v. Beto, 460 F.2d 765 (5th Cir. 1972); Grene v. Britton, 455 F.2d 473 (5th Cir. 1972); Andrade v. Hauck, 452 F.2d 1071 (5th Cir. 5 452 F.2d 1071 (5th Cir. 1971). 6 Id. at 1072. ...
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Simpson v. Wainwright, 73-2555 Summary Calendar.
...of access to the courts. Hooks v. Kelley, 463 F.2d 1210 (C.A.5, 1972); Campbell v. Beto, 460 F.2d 765 (C.A.5, 1972); Grene v. Britton, 455 F.2d 473 (C.A.5, 1972); Andrade v. Hauck, 452 F.2d 1071 (C.A.5, Affirmed as to the excuse of jurors issue. As to all other issues, Vacated and Remanded ......
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Simmons v. Wainwright, 72-1533 Summary Calendar.
...to exercise his constitutional rights; however, the district court must make the initial determination of this issue. See Grene v. Britton, 5th Cir. 1972, 455 F.2d 473. Because of the district court's failure to enter findings and conclusions with respect to all of the appellant's claims un......
- Kowalski v. PENNSYLVANIA RAILROAD COMPANY, 71-1053.