Schack v. Wainwright
| Decision Date | 10 June 1968 |
| Docket Number | No. 25259.,25259. |
| Citation | 391 F.2d 608 |
| Parties | Leon G. SCHACK, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Leon G. Schack, pro se.
Earl Faircloth, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., Tallahassee, Fla., for appellee.
Before COLEMAN, AINSWORTH and DYER, Circuit Judges.
Certiorari Denied June 10, 1968. See 88 S.Ct. 2078.
This is an appeal from a denial of injunctive relief to a Florida State convict.
The appellant is an inmate of the Florida State Prison at Raiford. He petitioned the district court for an injunction to obtain the right to have his mail relating to legal proceedings sent "postage prepaid by certified mail — return receipt requested". It is undisputed that the prison authorities have agreed to mail the appellant's correspondence and to give assurance that it has been posted.
The district court held that: * * *"
We find no error in the judgment of the district court. See Labat v. McKeithen, 5 Cir., 1966, 361 F.2d 757; Lee v. Tahash, 8 Cir., 1965, 352 F.2d 970; Adams v. Ellis, 5 Cir., 1952, 197 F.2d 483; Ex parte Wilson, D.C.E.D.S.C., 1964, 235 F.Supp. 988.
The judgment is affirmed.
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Gates v. Collier
...here and thus do not require in this case reconsideration in light of the recent Procunier and Wolff decisions. See Schack v. Wainwright, 391 F.2d 608 (5th Cir. 1968) (inmate's right to have his mail relating to legal proceedings sent 'postage prepaid by certified mail-- return receipt requ......
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Taylor v. Sterrett
...5 Cir. 1973, 478 F.2d 855; Barlow v. Amiss, 5 Cir. 1973, 477 F.2d 896; Frye v. Henderson, 5 Cir. 1973, 474 F.2d 1263; Schack v. Wainwright, 5 Cir., 391 F.2d 608, cert. denied, 1968, 392 U.S. 915, 88 S.Ct. 2078, 20 L.Ed.2d 1375. We recognized in McCray that " '(a) n inmate's right of unfette......
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DeLeon v. Hamilton Cnty. Sheriff's Dept.
...430 U.S. 817, 821 (1997), there is no constitutional right to send mail certified or return receipt requested. See Schack v. Wainwright, 391 F.2d 608 (5th Cir. 1968). Thus, a constitutional right of access to the courts exists, but to establish a claim for any violation of the right of acce......
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McAnulty v. Mooney
...Moreover, Plaintiff does not have a constitutionally protected right to have his mail sent certified, as he so claims. Schack v. Wainwright, 391 F.2d 608 (5th Cir.1968); see also Cotten v. Schotten, 114 F.3d 1186 (6th Cir. 1997) (table case) ("[T]here is no constitutional right to receive a......