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Cook v. Hanberry

United States Court of Appeals, Fifth Circuit
Jun 6, 1979
592 F.2d 248 (5th Cir. 1979)

Summary

holding that habeas corpus is not available to prisoners complaining only of mistreatment during their legal incarceration

Summary of this case from United States v. Ashley

Opinion

No. 78-2538 Summary Calendar.

Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.

March 29, 1979. Opinion Revised June 6, 1979. See 596 F.2d 658.

Carl E. Cook, pro se.

William A. Harper, U.S. Atty., Barbara A. Harris, Asst. U.S. Atty., Atlanta, Ga., for respondent-appellee.

Appeal from the United States District Court for the Northern District of Georgia.

Before COLEMAN, FAY and RUBIN, Circuit Judges.



A federal prisoner currently serving sentences for bank robbery and assaulting a fellow inmate with a deadly weapon, Cook filed a pro se petition, styled under 28 U.S.C. § 2255, seeking release or return from the Atlanta Prison where he was then incarcerated to a facility on the West Coast where he had previously been confined.

The general rule in federal cases requires that an actual controversy exist at all stages of appellate review, "and not simply at the date the action is initiated." Roe v. Wade, 1972, 410 U.S. 113, 125, 93 S.Ct. 705, 712, 35 L.Ed.2d 147. Insofar as Cook's petitions sought relief in the form of a transfer back to a West Coast facility, the issue has become moot. See McRae v. Hogan, 5 Cir. 1978, 576 F.2d 615, 616-17.

The prisoner asserts the additional claim, not moot, that he is entitled to release because the treatment accorded him by the prison officials violated the Eighth Amendment.

Assuming arguendo that his allegations of mistreatment demonstrate cruel and unusual punishment, the petitioner is still not entitled to release from prison. Habeas corpus is not available to prisoners complaining only of mistreatment during their legal incarceration. Granville v. Hunt, 5 Cir. 1969, 411 F.2d 9, 12-13; see also, Williams v. Steele, 8 Cir. 1952, 194 F.2d 917, cert. denied, 344 U.S. 822, 73 S.Ct. 20, 97 L.Ed. 640. The relief from such unconstitutional practices, if proved, is in the form of equitably-imposed restraint, not freedom from otherwise lawful incarceration. See Konigsberg v. Ciccone, W.D. Mo. 1968, 285 F. Supp. 585, 589, aff'd, 8 Cir. 1969, 417 F.2d 151, cert. denied, 397 U.S. 963, 90 S.Ct. 996, 25 L.Ed.2d 255 (1970). This is because the sole function of habeas corpus is to provide relief from unlawful imprisonment or custody, and it cannot be used for any other purpose. See Rheuark v. Shaw, 5 Cir. 1979, 547 F.2d 1257, 1259; Hill v. Johnson, 5 Cir. 1976, 539 F.2d 439, 440; Pierre v. U.S., 5 Cir. 1976, 525 F.2d 933, 935-36.

The petitioner's attack on the transfer to Atlanta lacks merit, Beck v. Wilkes, 5 Cir. 1979, 589 F.2d 901, 903-04 (1979), and the Eighth Amendment allegations do not entitle him to release from custody. See Granville v. Hunt, 5 Cir. 1969, 411 F.2d 9, 12-13, Konigsberg v. Ciccone, W.D.Mo. 1968, 285 F. Supp. 585, 589, aff'd. 3 Cir. 1969, 417 F.2d 161, cert. denied, 397 U.S. 963, 90 S.Ct. 996, 25 L.Ed.2d 255 (1970).

For these reasons, the dismissal of the petition is AFFIRMED.


Summaries of

Cook v. Hanberry

United States Court of Appeals, Fifth Circuit
Jun 6, 1979
592 F.2d 248 (5th Cir. 1979)

holding that habeas corpus is not available to prisoners complaining only of mistreatment during their legal incarceration

Summary of this case from United States v. Ashley

holding that habeas corpus is not available to prisoners complaining only of mistreatment during their legal incarceration

Summary of this case from United States v. Weber

holding that habeas corpus is not available to prisoners complaining only of mistreatment during their legal incarceration

Summary of this case from Keys v. Warden, FCC Coleman Low

holding that the sole function of habeas corpus "is to provide relief from unlawful imprisonment or custody, and it cannot be used for any other purpose"

Summary of this case from Marte v. Gen. Counsel Fed. Bureau of Prisons

finding that a prisoner's request for transfer back to a West Coast facility where he was previously incarcerated could not be brought under a habeas petition because “[h]abeas corpus is not available to prisoners complaining only of mistreatment” and “[t]he relief from [the petitioner's injury], [i]f proved, is in the form of equitably-imposed restraint, not freedom from otherwise lawful incarceration”

Summary of this case from Spencer v. Haynes

finding that a prisoner who alleged mistreatment at a prison facility could not bring that claim in a habeas petition

Summary of this case from Kidd v. United States

affirming denial of §2255 motion and stating that "the sole function of habeas corpus is to provide relief from [u]nlawful imprisonment or custody, and it cannot be used for any other purpose"

Summary of this case from Stone v. United States

noting that the "sole function of habeas corpus is to provide relief from unlawful imprisonment or custody, and it cannot be used for any other purpose."

Summary of this case from Ildefonso v. Warden, FCC Coleman-USP II

stating that the "sole function" of a habeas petition is relief from unconstitutional custody, and "it cannot be used for any other purpose"

Summary of this case from Sherriff v. Underwood

stating that the "sole function" of a habeas petition is relief from unconstitutional custody, and "it cannot be used for any other purpose"

Summary of this case from Vela v. Underwood
Case details for

Cook v. Hanberry

Case Details

Full title:CARL E. COOK, PETITIONER-APPELLANT, v. JACK A. HANBERRY, WARDEN, UNITED…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 6, 1979

Citations

592 F.2d 248 (5th Cir. 1979)

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