Legal Opinion

James Joseph O'Brien v. Olin G. Blackwell, Warden

Court of Appeals for the Fifth Circuit

Decided January 13, 1970No. 28269PublishedCited by 14 opinions

1Per curiam

O’Brien appeals from an order of the District Court denying his petition for a writ of mandamus to require prison officials to place in the mail his letters to an alleged minister not on O’Brien’s approved mailing list. We affirm. 1

O’Brien is a federal prisoner. In its initial order, and again on O’Brien’s motion to reconsider, the District Court held that the complaint was insufficient to state a claim for violation of O’Brien’s constitutional rights, that even if the complaint were sufficient there was no showing that O’Brien had exhausted his administrative remedies; and in any event that…

2Cases cited4 opinions

  1. Patricia Lebouef Murphy, as Administratrix of the Estate of Edward Fontenot, Deceased, Etc. v. Houma Well Service, and Eva C. Fontenot, IntervenorCourt of Appeals for the Fifth Circuit · 1969
  2. James Leo Huth v. Southern Pacific CompanyCourt of Appeals for the Fifth Circuit · 1969
  3. A. D. Granville v. W. B. HuntCourt of Appeals for the Fifth Circuit · 1969
  4. Stephen R. Diehl v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1970

3Cited by14 opinions

  1. Nazareth Gates, and United States of America, Plaintiff-Intervenor-Appellee v. John Collier, Superintendent, Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1974
  2. Yusaf Asad MADYUN, Plaintiff-Appellant, v. Gayle M. FRANZEN, Et Al., Defendants-AppelleesCourt of Appeals for the Seventh Circuit · 1983
  3. United States ex rel. Gereau v. HendersonCourt of Appeals for the Fifth Circuit · 1976
  4. Polakoff v. HendersonDistrict Court, N.D. Georgia · 1973
  5. Harold Raymond Hooks v. Herbert C. Kelley, Warden, Avon Park Correctional InstituteCourt of Appeals for the Fifth Circuit · 1972

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