Carlton Bryant v. Kenneth L. Hardy and Richard G. Kleindienst

In September 1971 Carlton Bryant was transferred from the federal reformatory at Lorton,- Virginia, to the federal penitentiary at Marion, Illinois. He subsequently filed a pro se petition, cast as a petition for either mandamus or habeas corpus, in which he claimed he was entitled to notice of the proposed transfer and a hearing, and that the failure to grant either constituted a denial of procedural due process. The district court dismissed his petition sua sponte without requiring the United States to answer, and Bryant appealed. We reverse and remand with instruc tions to require the…