Kivett v. Gathright

OPINION and JUDGMENT

DALTON, District Judge.

Petitioner has filed a “Petition for a Peremptory Writ of Mandamus” with this court, pursuant to 28 U.S.C. § 1651 (a). Petitioner seeks an order returning him to Roanoke City Jail, as he alleges that he was sentenced to eighteen months in jail and is presently incarcerated at the Bland Correctional Farm. The court notes that petitioner is properly serving his sentence in the state penitentiary as required by law and that jails are used primarily to hold prisoners before and during trials and prior to sentencing.

The court further notes that United…