In re Taylor, 197
| Decision Date | 09 March 1951 |
| Docket Number | 198,199,No. 197,200.,197 |
| Parties | In re TAYLOR. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Earl W. Taylor, in pro. per.
Before HEALY, BONE and ORR, Circuit Judges.
By a petition filed directly in this court on February 28, 1951 petitioner, Earl W. Taylor, demands an order allowing him to file and prosecute a cause of action in this court without prepayment of costs. He identifies his "cause" as an application for a Writ of Mandamus directed to the Board of Examiners at the McNeil Island Penitentiary requiring them to examine petitioner upon the issue of his sanity or health. He alleges that he has been "transferred" to a government institution at Springfield, Missouri where he is presently confined with insane federal convicts. He claims a legal right to "an examination" by the Board of Examiners at the McNeil Island Penitentiary; that the Board at the prison "conspired with others" to transfer petitioner to the Missouri institution; that the transfer was "without examination if Form 66 instead of Form 5 be employed to effect the transfer." It is further averred that on February 7, 1951, the United States District Court sitting at Tacoma, Washington denied relief to petitioner on his petition demanding the relief here sought.
The significance and relevance of the "forms" used by medical officers of the McNeil Island Penitentiary when reporting results and findings in health and mental examinations of prisoners, is not apparent. The petition wholly fails to suggest anything of an unlawful character in the actions of medical examiners at the penitentiary. Their function is to care for the mental and physical health of prison inmates, which is apparently what they have done in the case of petitioner. As we pointed out in Taylor v. Squier, Warden, 9 Cir., 179 F.2d 640 certiorari denied, Taylor v. U. S., 339 U.S. 988, 70 S.Ct. 1010, it is not within the province of the courts to supervise the treatment of prisoners in federal penitentiaries. See Stroud v. Swope, Warden, 9 Cir., 187 F.2d 850.
The petition for a Writ of Mandamus directed to the Board of Examiners at McNeil Island Penitentiary is dismissed.
By a petition filed directly in this court on February 28, 1951, petitioner, Earl W. Taylor, applies for an "Order of Mandamus" directed to Honorable M. J. Roche, Judge of the District Court for the Northern District of California, Southern Division. Petitioner prays that this court direct the said district judge to show cause why petitioner is denied permission to file a motion "to correct and reduce". By this cryptic expression petitioner undoubtedly refers to the sentence imposed upon him by that court which sentence he is now serving. See opinion in Taylor v. United States, 9 Cir., 179 F.2d 640.
The petition in this case is but a rehash of the various untenable contentions made in the several cases reported in the opinion above noted. The refusal of the district judge to hear and grant the motion to correct and reduce his sentence is charged to bias, prejudice and bad faith of the judge.
The petition is wholly without merit and is dismissed.
By a petition filed directly in this court on February 21, 1951, petitioner, Earl W. Taylor, applies for a Writ of Mandamus directed to the Board of Examiners at the McNeil Island Penitentiary. See Section 4241 of Title 18 U.S.C.A. In this petition he charges that he is the victim of a criminal conspiracy having for its purpose his transfer to a federal mental institution. In this petition he repeats the contention respecting use by the Board of Examiners of "forms" 66 and 5 in the report concerning petitioner's health. See Miscellaneous No. 197, supra, where the same allegations appear. His prayer is that this court issue an order to the said Board of Examiners...
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