John Cardillo v. Olin G. Blackwell, Warden, United States Penitentiary, Lewisburg, Pennsylvania

Third Circuit

John Cardillo v. Olin G. Blackwell, Warden, United States Penitentiary, Lewisburg, Pennsylvania

365 F.2d 301, 1966 U.S. App. LEXIS 5585

CourtCourt of Appeals for the Third Circuit

DecidedJuly 6, 1966

Docket15474_1

StatusPublished

This text of 365 F.2d 301 (John Cardillo v. Olin G. Blackwell, Warden, United States Penitentiary, Lewisburg, Pennsylvania) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

John Cardillo v. Olin G. Blackwell, Warden, United States Penitentiary, Lewisburg, Pennsylvania, 365 F.2d 301, 1966 U.S. App. LEXIS 5585 (3d Cir. 1966).

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Opinion

OPINION

PER CURIAM:

In his petition for a writ of habeas corpus addressed to the United States District Court for the Middle District of Pennsylvania, petitioner, a prisoner at the United States Penitentiary at Lewis-burg, Pennsylvania, charged that prison rules violated his constitutional rights in that they (1) denied him adequate opportunity to use the prison library for “legal work”; (2) required “all legal work to be done in the library only”; and (3) hindered prisoners’ purchases of “legal reference material”.

At the hearing before the District Court the petitioner refused to testify or present any testimony unless and until the Court assigned an attorney to represent him. He would only say that he had a New York attorney who was unable to appear and made no request for a continuance until such time as his attorney could do so.

Despite repeated requests by the District Court to take the stand and testify with respect to the matters alleged in his petition, petitioner refused to do so. The District Court thereupon dismissed the petition.

On review of the record we find no error. The Order of the District Court dismissing the petition for writ of habeas corpus will be affirmed.

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OPINION

PER CURIAM:

In his petition for a writ of habeas corpus addressed to the United States District Court for the Middle District of Pennsylvania, petitioner, a prisoner at the United States Penitentiary at Lewis-burg, Pennsylvania, charged that prison rules violated his constitutional rights in that they (1) denied him adequate opportunity to use the prison library for “legal work”; (2) required “all legal work to be done in the library only”; and (3) hindered prisoners’ purchases of “legal reference material”.

At the hearing before the District Court the petitioner refused to testify or present any testimony unless and until the Court assigned an attorney to represent him. He would only say that he had a New York attorney who was unable to appear and made no request for a continuance until such time as his attorney could do so.

Despite repeated requests by the District Court to take the stand and testify with respect to the matters alleged in his petition, petitioner refused to do so. The District Court thereupon dismissed the petition.

On review of the record we find no error. The Order of the District Court dismissing the petition for writ of habeas corpus will be affirmed.

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Bluebook (online)

365 F.2d 301, 1966 U.S. App. LEXIS 5585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-cardillo-v-olin-g-blackwell-warden-united-states-penitentiary-ca3-1966.