(Download) "Cox v. Carlson" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Cox v. Carlson
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 29, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
The petitioner, who currently resides at the Federal Correctional Institution at Bastrop, Texas, requests the Court to appoint counsel in his appeal from a judgment dismissing his habeas corpus action filed under 28 U.S.C. § 2241. The petitioner filed the suit in the Western District of Tennessee charging the respondents with having violated his First and Eighth Amendment rights by confining him in unsafe and unsanitary conditions. Complaining that he has been transferred from many federal correctional facilities and has been kept mostly in segregative confinement, the petitioner explains that the respondents are harming him physically and mentally in their vain attempts to protect him from fellow prisoners after the petitioner apparently became an informant for the government. The petitioner requested declaratory and injunctive relief and also $10,000.01 from each respondent so that the district court would not dismiss his action apparently for lack of subject matter jurisdiction. The United States Magistrate construed the petitioners monetary request as an unnecessary jurisdictional statement and permitted the action to proceed as a petition seeking habeas corpus relief. Finding that the petitioner was transferred outside the Western District of Tennessee prior to the filing of the action, the district court granted the respondents motion for summary judgment on the ground that the matters asserted in the complaint were moot.
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