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Tarlton v. United States

United States Court of Appeals, Fifth Circuit
Aug 3, 1970
430 F.2d 1351 (5th Cir. 1970)

Summary

finding that certain inmate records are confidential and are not subject to inspection by inmate

Summary of this case from Mincy v. Chmielewski

Opinion

No. 29595 Summary Calendar.

August 3, 1970.

John B. Tarlton, Jr., pro se.

John W. Stokes, Jr., U.S. Atty., Allen I. Hirsch, Asst. U.S. Atty., Atlanta, Ga., for respondent-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


This is an appeal by Tarlton, a federal prison inmate, from the District Court's denial of two motions for extraordinary relief. We affirm.

Pursuant to our Rule 18 this case is decided without oral argument.

By his first motion Tarlton sought to obtain access to his prison file to learn the source of a derogatory statement which was allegedly made concerning him. As the District Court held, prison records of inmates are confidential and are not subject to inspection by the public nor the inmate concerned. Cook v. Willingham, 10 Cir. 1968, 400 F.2d 885.

Tarlton's second motion was for a medical examination by a physician from outside the prison. This motion, however, was based on Rule 35, F.R. Civ.P. which authorizes a party to an action to require another party to submit to a physical or mental examination, and as such, is clearly inapposite because no related civil action was pending.

Finding no error in the denial of the motions we Affirm.


Summaries of

Tarlton v. United States

United States Court of Appeals, Fifth Circuit
Aug 3, 1970
430 F.2d 1351 (5th Cir. 1970)

finding that certain inmate records are confidential and are not subject to inspection by inmate

Summary of this case from Mincy v. Chmielewski

In Tarlton v. United States of America, 430 F.2d 1351 (5th Cir. 1970), the court affirmed the trial court's ruling that "prison records of inmates are confidential and are not subject to inspection by the public nor the inmate concerned."

Summary of this case from Ennis v. Teague
Case details for

Tarlton v. United States

Case Details

Full title:John Brent TARLTON, Jr., Petitioner-Appellant, v. UNITED STATES of…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 3, 1970

Citations

430 F.2d 1351 (5th Cir. 1970)

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