Henson v. Welch

Fourth Circuit

Henson v. Welch

199 F.2d 367, 1952 U.S. App. LEXIS 3344

CourtCourt of Appeals for the Fourth Circuit

DecidedOctober 8, 1952

Docket6461_1

StatusPublished

Cited by11 cases

This text of 199 F.2d 367 (Henson v. Welch) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henson v. Welch, 199 F.2d 367, 1952 U.S. App. LEXIS 3344 (4th Cir. 1952).

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Opinion

PER CURIAM

™ . . , , , , This is an appeal from an order denying r , u ... , ,, a writ of habeas corpus to a prisoner held in the District of Columbia Reformatory at Lorton, Virginia. No question is raised in the petition for habeas corpus as to the validity of the judgment and sentence under which the prisoner is held, but he seeks the writ for the purpose of reviewing disci-’ plinary action taken on account of alleged breach of prison discipline of which appellant denies that he was guilty. We agree with the District Judge that the writ of habeas corpus may not be used for this purpose. “Since the prison system of the Unit-ed States is entrusted to the Bureau of -Pris°ns under the direction of the Attorney General, 18 U.S.C.A. § 4042, supra, the courts have no Power to supervise the disciPline * * *, but only on habeas corpus to deliver from prison those who are ille.. , . . , „ „ „. gaily detained.” Williams v. Steele, 8 Cir., 194 F.2d 32, 34, s. c. on rehearing 194 F.2d 917-918. See also Snow v. Roche, 9 Cir., 143 F.2d 718, 719. The petition for writ r, , , , . , of habeas corpus was properly denied .

Affirmed.

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PER CURIAM

™ . . , , , , This is an appeal from an order denying r , u ... , ,, a writ of habeas corpus to a prisoner held in the District of Columbia Reformatory at Lorton, Virginia. No question is raised in the petition for habeas corpus as to the validity of the judgment and sentence under which the prisoner is held, but he seeks the writ for the purpose of reviewing disci-’ plinary action taken on account of alleged breach of prison discipline of which appellant denies that he was guilty. We agree with the District Judge that the writ of habeas corpus may not be used for this purpose. “Since the prison system of the Unit-ed States is entrusted to the Bureau of -Pris°ns under the direction of the Attorney General, 18 U.S.C.A. § 4042, supra, the courts have no Power to supervise the disciPline * * *, but only on habeas corpus to deliver from prison those who are ille.. , . . , „ „ „. gaily detained.” Williams v. Steele, 8 Cir., 194 F.2d 32, 34, s. c. on rehearing 194 F.2d 917-918. See also Snow v. Roche, 9 Cir., 143 F.2d 718, 719. The petition for writ r, , , , . , of habeas corpus was properly denied .

Affirmed.

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Bluebook (online)

199 F.2d 367, 1952 U.S. App. LEXIS 3344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henson-v-welch-ca4-1952.

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