TERRY LEE ROSS, PETITIONER-APPELLANT,
v.
J. D. HENDERSON, WARDEN, U. S. PEN., ATLANTA, GA., ET AL., RESPONDENTS-APPELLEES
TERRY LEE ROSS, PETITIONER-APPELLANT,
J. D. HENDERSON, WARDEN, U. S. PEN., ATLANTA, GA., ET AL., RESPONDENTS-APPELLEES
491 F.2d 116
Court of Appeals for the Fifth Circuit (1974)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM:
On December 8, 1972 the petitioner, a prisoner at the United States Penitentiary, Atlanta, Georgia, sought mandamus relief regarding the actions of prison officials in seizing a sexually oriented book which he had ordered by mail. The petition was denied on its merits on February 28, 1973. During the pendency of this appeal the Bureau of Prisons instituted an administrative procedure at this institution for review of grievances of the type advanced by petitioner here. The Northern District of Georgia now consistently requires that this procedure be exhausted. See Singleton v. Henderson, CA # 19339, No vember 13, 1973; Parker, et al v. Henderson, CA # 19023, September 24, 1973; and Tánger v. Henderson, CA # 18922, September 5, 1973.
Pursuant to the provisions of 28 U.S. C. § 2106, the order denying relief on the merits is vacated and this cause is remanded to the district court for reconsideration in the light of these intervening events.
Vacated and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Miller v. Stanmore, 636 F.2d 986 (5th Cir. 1981)
-
Thompson v. United States, 492 F.2d 1082 (5th Cir. 1974)
-
Norwood E. Jones and William Scott Winans v. Carlson, 495 F.2d 209 (5th Cir. 1974)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)