Thogmartin v. Moseley
| Decision Date | 31 December 1969 |
| Docket Number | No. L-1030.,L-1030. |
| Parties | Vern Mac THOGMARTIN, Movant, Pro Se v. Warden R. I. MOSELEY and United States of America, Respondent. |
| Court | U.S. District Court — District of Kansas |
No appearance for petitioner.
Robert J. Roth, U. S. Atty. for the Dist. of Kansas, Topeka, Kan., for respondent.
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 training as a medical technician. This denial was based upon a letter from the hospital administrator at Springfield stating that petitioner has a lengthy criminal background; he has been convicted of a crime of violence; he would not benefit from the training as he would not be accepted for registry by the appropriate medical boards; and he has an escape record. He contends that he is being denied the opportunity to rehabilitate himself and that this denial, and his retention at Leavenworth as a "minimal treatment" prisoner, is cruel and unusual punishment and he is being denied equal protection. With reference to the stated reasons for the rejection of his request for a transfer, Thogmartin admits that he is a poor risk, and that he has a lengthy criminal background, but he states that his conviction of a crime of violence occurred when he was 16 years old, and he was given probation which he served without violation. He states further that there is no problem of custody at the medical center and there would be no...
To continue reading
Request your trial
-
U.S. v. Ramirez
...denied, (1975) 420 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......
-
Lovell v. Arnold
...or his authorized 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 State......
-
Blassingame v. United States Attorney General, 74 Civ. 3688 (MP).
...States 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. 910, 91 S.Ct. 155, 27 L.Ed.2d......
-
Jones v. McColley, Civ. No. K-75-313.
...has 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 ...