Thogmartin v. Moseley, No. L-1030.

CourtU.S. District Court — District of Kansas
Writing for the CourtARTHUR J. STANLEY, Jr.
Citation313 F. Supp. 158
Decision Date31 December 1969
Docket NumberNo. L-1030.
PartiesVern Mac THOGMARTIN, Movant, Pro Se v. Warden R. I. MOSELEY and United States of America, Respondent.

313 F. Supp. 158

Vern Mac THOGMARTIN, Movant, Pro Se
v.
Warden R. I. MOSELEY and United States of America, Respondent.

No. L-1030.

United States District Court, D. Kansas.

December 31, 1969.


313 F. Supp. 159

No appearance for petitioner.

Robert J. Roth, U. S. Atty. for the Dist. of Kansas, Topeka, Kan., for respondent.

MEMORANDUM AND ORDER

ARTHUR J. STANLEY, Jr., Chief Judge.

1. Thogmartin has lodged with the Clerk of this Court his application for a writ of habeas corpus together with some fifty pages of factual statements, arguments, authorities and exhibits, together with his affidavit in support of a motion for leave to proceed in forma pauperis under the provisions of 28 U.S.C.A. § 1915. Upon consideration of the papers so lodged, the Court makes the following findings and order:

2. Petitioner is in the custody of the Respondent, Robert I. Moseley, Warden, United States Penitentiary, Leavenworth, Kansas, under color of authority of the United States by virtue of a sentence of seven years imposed upon Thogmartin by the United States District Court for the Northern District of Missouri, Western Division, on the 14th day of November, 1968, and a two-year consecutive sentence imposed at the same time, together with one-year and two-year concurrent sentences, for a total of nine years, upon petitioner's entry of a plea of guilty to charges of bank robbery, escape, and failure to appear in court, as defined by 18 U.S.C.A. §§ 2, 2113(a), 751 and 3150. Petitioner has previously filed a motion under 28 U.S.C.A. § 2255 with the trial court, and upon its denial, appeal was taken to the 5th Circuit, where the appeal is now pending. In this proceeding, petitioner is not challenging the sentences he is serving or the proceedings leading thereto, and states that the matters here urged have not previously been presented in any court.

3. Petitioner is presently assigned to the hospital laboratory in Leavenworth Penitentiary. He states that his work has been good and he was recommended on June 27, 1969 for meritorious good time by the hospital staff. He was approved for two additional days credit each month for outstanding work and good conduct. Apparently he is continuing on this assignment and is continuing to draw his meritorious good time.

4. The gist of his contention is that on August 1, 1969, Thogmartin was denied transfer to the Medical Center for Federal Prisoners at Springfield, Missouri, where he hoped to receive additional and advanced...

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6 practice notes
  • U.S. v. Ramirez, No. 75-1395
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 16 Septiembre 1976
    ...U.S. 948, 95 S.Ct. 1332, 43 L.Ed.2d 427; United States v. Myers (9th Cir. 1972) 451 F.2d 402, 404; Thogmartin v. Moseley (D.Kan.1969) 313 F.Supp. 158, aff'd, (10th Cir.) 430 F.2d 1178, cert. denied, (1970) 400 U.S. 910, 91 S.Ct. 155, 27 L.Ed.2d 150. On the other hand, the Attorney General's......
  • Lovell v. Arnold, Civ. No. 75-279.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • 13 Marzo 1975
    ...delegate, 18 U.S.C.A. § 4082; Moore v. United States Attorney General, 5 Cir. 1973, 473 F.2d 1375; Thogmartin v. Moseley, D.Kan.1969, 313 F. Supp. 158, aff'd 10 Cir. 1970, 430 F.2d 1178, cert. denied, 1970, 400 U.S. 910, 91 S.Ct. 155, 27 L.Ed.2d 150; Mercer v. United States Medical Center, ......
  • Blassingame v. United States Attorney General, No. 74 Civ. 3688 (MP).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 9 Enero 1975
    ...Attorney General, 473 F.2d 1375 (5th Cir. 1973) (mandamus action for transfer to facility closer to family); Thogmartin v. Moseley, 313 F. Supp. 158 (D.Kan.1969) (habeas corpus seeking reassignment), aff'd 430 F.2d 1178 (10th Cir.), cert. denied 400 U.S. 387 F. Supp. 421 910, 91 S.Ct. 155, ......
  • Jones v. McColley, Civ. No. K-75-313.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • 30 Julio 1975
    ...no jurisdiction to oversee, audit, regulate or direct the prison authorities in matters of administration. * * * Thogmartin v. Moseley, 313 F.Supp. 158, 160 (D.Kan.1969), aff'd, 430 F.2d 1178 (10th Cir. 1970), cert. denied, 400 U.S. 910, 91 S.Ct. 155, 27 L.Ed.2d 150...
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6 cases
  • U.S. v. Ramirez, No. 75-1395
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 16 Septiembre 1976
    ...U.S. 948, 95 S.Ct. 1332, 43 L.Ed.2d 427; United States v. Myers (9th Cir. 1972) 451 F.2d 402, 404; Thogmartin v. Moseley (D.Kan.1969) 313 F.Supp. 158, aff'd, (10th Cir.) 430 F.2d 1178, cert. denied, (1970) 400 U.S. 910, 91 S.Ct. 155, 27 L.Ed.2d 150. On the other hand, the Attorney General's......
  • Lovell v. Arnold, Civ. No. 75-279.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • 13 Marzo 1975
    ...delegate, 18 U.S.C.A. § 4082; Moore v. United States Attorney General, 5 Cir. 1973, 473 F.2d 1375; Thogmartin v. Moseley, D.Kan.1969, 313 F. Supp. 158, aff'd 10 Cir. 1970, 430 F.2d 1178, cert. denied, 1970, 400 U.S. 910, 91 S.Ct. 155, 27 L.Ed.2d 150; Mercer v. United States Medical Center, ......
  • Blassingame v. United States Attorney General, No. 74 Civ. 3688 (MP).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 9 Enero 1975
    ...Attorney General, 473 F.2d 1375 (5th Cir. 1973) (mandamus action for transfer to facility closer to family); Thogmartin v. Moseley, 313 F. Supp. 158 (D.Kan.1969) (habeas corpus seeking reassignment), aff'd 430 F.2d 1178 (10th Cir.), cert. denied 400 U.S. 387 F. Supp. 421 910, 91 S.Ct. 155, ......
  • Jones v. McColley, Civ. No. K-75-313.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • 30 Julio 1975
    ...no jurisdiction to oversee, audit, regulate or direct the prison authorities in matters of administration. * * * Thogmartin v. Moseley, 313 F.Supp. 158, 160 (D.Kan.1969), aff'd, 430 F.2d 1178 (10th Cir. 1970), cert. denied, 400 U.S. 910, 91 S.Ct. 155, 27 L.Ed.2d 150...
  • Request a trial to view additional results

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