Terry Lee Ross v. J. D. Henderson, Warden, U.S. Pen., Atlanta, Ga.
This text of 491 F.2d 116 (Terry Lee Ross v. J. D. Henderson, Warden, U.S. Pen., Atlanta, Ga.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
On December 8, 1972 the petitioner, a prisoner at the United States Penitentiary, Atlanta, Georgia, sought mandamus relief regarding the actions of prison officials in seizing a sexually oriented book which he had ordered by mail. The petition was denied on its merits on February 28, 1973. During the pendency of this appeal the Bureau of Prisons instituted an administrative procedure at this institution for review of grievances of the type advanced by petitioner here. The Northern District of Georgia now consistently requires that this procedure be exhausted. See Singleton v. Henderson, CA # 19339, No *117 vember 13, 1973; Parker, et al v. Henderson, CA # 19023, September 24, 1973; and Tánger v. Henderson, CA # 18922, September 5, 1973.
Pursuant to the provisions of 28 U.S. C. § 2106, the order denying relief on the merits is vacated and this cause is remanded to the district court for reconsideration in the light of these intervening events.
Vacated and remanded.
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491 F.2d 116, 1974 U.S. App. LEXIS 9643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-lee-ross-v-j-d-henderson-warden-us-pen-atlanta-ga-ca5-1974.