Reed v. Henderson
Decision Date | 25 July 1972 |
Docket Number | No. 72-1485. Summary Calendar.,72-1485. Summary Calendar. |
Parties | John T. REED, Petitioner-Appellant, v. J. D. HENDERSON, Warden, United States Penitentiary, Atlanta, Georgia, Respondent-Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
John Timothy Reed, pro se.
John W. Stokes, Jr., U. S. Atty., P. Bruce Kirwan, Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.
Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.
As Modified on Denial of Rehearing and Rehearing En Banc July 25, 1972.
This appeal by a federal prisoner from dismissal of an application for habeas corpus relief is directed against a state detainer warrant lodged against him and not against his federal sentence.1
Appellant was convicted in the federal district court for the District of Connecticut for violation of 18 U.S.C. § 2113, and is presently confined in a federal penitentiary located within the Northern District of Georgia. While serving a federal sentence he was convicted by the State of Connecticut of murder in the second degree and a detainer warrant against him was lodged with the federal penitentiary.
Appellant sought habeas corpus relief from the federal district court in Connecticut. While it is unclear whether that court denied relief based on the Connecticut detainer, it stated:
"Even assuming, however, that there is a detainer placed against appellant at the Atlanta Prison, he must seek redress for any claimed grievance in the United States District Court, District of Georgia."
Compare George v. Nelson, 410 F.2d 1179 (9th Cir., 1969), aff'd on other grounds sub nom, Nelson v. George, 399 U.S. 224, 90 S.Ct. 1963, 26 L.Ed.2d 578 (1970).
Appellant then made application to the United States District Court, Northern District of Georgia, the district wherein he was confined. The district court denied relief, holding that the Connecticut court was the proper forum, and that it was without subject matter jurisdiction under 28 U.S.C. § 2241(c) to consider the merits of appellant's claim against the Connecticut detainer. Compare Word v. State of North Carolina, 406 F.2d 352 (4th Cir., 1969), en banc.
We affirm the district court but for slightly different reasons.
Judge Haynsworth writing for the en banc court in Word, supra, persuasively argues that jurisdiction to hear habeas corpus attacks on the validity of state detainer warrants lies with the district of sentencing.
The Second Circuit has taken the view in these cases that the districts of sentencing and confinement may exercise concurrent jurisdiction. United States ex rel. Meadows v. New York, 426 F.2d 1176 (2nd Cir., 1970). The Second Circuit recently summarized its Meadows case as follows:
"This court in Meadows concluded that the district of sentencing may be the preferable forum where the petition alleges prejudicial effects in the district of confinement." Dodd v. United States Marshal, 439 F.2d 774, 775 at n.3. (2nd Cir., 1971).
The Third and Ninth Circuits in the cases of United States ex rel. Van Scoten v. Pennsylvania, 404 F.2d 767 (3rd Cir., 1969), and George v. Nelson, supra took a contrary view that a sentencing district does not have jurisdiction.
We agree with the view expressed by Judge Haynsworth in Word. The districts containing federal penal institutions should no more be compelled to shoulder the entire docket of collateral attack on state detainers than should it be called upon to undertake all of the habeas corpus petitions arising from the institution. That Congress intended to spread this docket is clear from the language of 28 U.S.C. § 2255:
It is also clear that Congress has not acted to end the detainer jurisdictional morass. Nelson v. George, 399 U.S. 224, 228 at n. 5. 90 S.Ct. 1963, 26 L.Ed.2d 578 (1970); Jackson v. State of Louisiana, 452 F.2d 451, 453 (5th Cir., 1971).
Nelson, supra, and its forerunners, see Word, supra, collecting cases; see also White v. Tennessee, 447 F.2d 1354 (6th Cir., 1971), involve applications for writs of habeas corpus attacking state detainer warrants lodged with state detentional authorities. Reed, however, is a federal prisoner. He is as fully entitled to attack the sufficiency of an underlying state sentence lodged as a detainer with federal correctional authorities as he would be were he a state prisoner. Peyton v. Rowe, 391 U.S. 54, 88 S.Ct. 1549, 20 L.Ed.2d 426 (1968); Walker v. Wainwright, 390 U.S. 335, 88 S.Ct. 962, 19 L.Ed.2d 1215 (1968); Jones v. Cunningham, 371 U.S. 236, 83 S.Ct. 373, 9 L.Ed.2d 285 (1963). There is no dispute that Reed is in custody within the Northern District of Georgia, nor that the party respondent has actual control over his confinement. The problem as noted in similar circumstances by Judge Fisher lies in terms closely akin to the doctrine of forum non conveniens.2 We think jurisdiction present in this case but affirm the district court's considered decision to decline its exercise in circumstances in which a demanding jurisdiction will entertain the petition. United States ex rel. Meadows v. New York, supra. Should a demanding jurisdiction decline to exercise its, at least concurrent, jurisdiction, application may be made to the Supreme Court under the terms of 28 U.S.C. § 2241(a).
Affirmed.
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.
* 1 Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409.
1 Were appellant to attack his federal sentence in a habeas corpus proceeding (28 U.S.C. § 2241, et seq.), he would face a heavy burden of demonstrating that relief under 28 U.S.C. § 2255, was then unavailable. Owensby v. Clark, 451 F.2d 206 (5th Cir., 1971); Accardi v. Blackwell, 412 F.2d 911 (5th Cir., 1969).
2 In Varallo v. State of Ohio, 312 F.Supp. 45 (E.D.Tex., 1970), Judge Fisher wrote:
To continue reading
Request your trial-
Caffey v. Wyrick, Civ. A. No. 18232-3.
...v. George, 399 U.S. 224, 90 S.Ct. 1963, 26 L.Ed.2d 578 (1970); Williams v. Lockhart, 489 F.2d 308 (8th Cir. 1973); Reed v. Henderson, 463 F.2d 485 (5th Cir. 1972); McEachern v. Henderson, 485 F.2d 694 (5th Cir. 1973); Shelton v. Meier, 485 F.2d 1177 (9th Cir. 1973); Williams v. Commonwealth......
-
Gutierrez v. Estelle
...to its burden of defending the prior enhancing convictions. Craig v. Beto, 458 F.2d 1131 (5th Cir., 1972); Reed v. Henderson, 463 F. 2d 485, 487, at note 2 (5th Cir., 1972). A minute entry alone is insufficient to prove previous representation by counsel or the waiver thereof. Loper v. Beto......
-
Norris v. State of Ga.
...charges are the federal district courts in the demanding states. McEachern v. Henderson, supra (485 F.2d at 696); Reed v. Henderson (5th Cir. 1972), 463 F.2d 485, 486; Baity v. Ciccone, supra (379 F.Supp. 552); Williams v. Commonwealth of Pennsylvania, supra (315 F.Supp. at 1264). And this ......
-
Dobard v. Johnson
...Balkcom, 439 U.S. 1077, 99 S.Ct. 854, 59 L.Ed.2d 45 (1979); Dillworth v. Barker, 465 F.2d 1338, 1341 (5th Cir.1972); Reed v. Henderson, 463 F.2d 485, 487 (5th Cir.1972). Transfer orders based on forum non conveniens determinations, whether brought pursuant to Sec. 1404 or Sec. 2241, are non......