Stroud

Appellant, an inmate of the United States Penitentiary at Alcatraz, California, filed in the lower court a pleading which he entitled a petition for an injunction. He demanded an order restraining the warden of that institution from what he denominated an “unlawful interference with the lawful business interests of petitioner, or depriving the petitioner of property rights secured to him under the Constitution and laws of the United States.”

The actions of the warden are said to result from a “conspiracy” organized in 1931 by officials of the Federal Bureau of Prisons and continued since 1931, this conspiracy operating under the guise of a general order issued in 1931 purporting to regulate the administration of prison operations, the order among other matters forbidding 'the transaction of business by inmates of federal prisons. It is charged that while the order purports to be of general application to all prisons and prisoners it was purposely directed at and against petitioner, and as a result it has damaged him “to th'e extent of many hundreds of thousands, if not millions of dollars.”

Appellant’s petition prays for judgment for the amount of his damages (without specifying…

(concurring).

I concur in Judge BONE’S opinion. Appellant, having neither constitutional nor statutory right to write letters to his business agents, and having previously been permitted to write and publish two .books while in prison, sties the warden because the latter has returned to him, without mailing, the defamatory, scurrilous, and abusive letters which appellant attaches to his petition. I think that a judge of a court as busy as the one below, should not be compelled to listen to such nonsense.

187 F.2d 850 STROUD, v. SWOPE, Warden. No. 12595. United States Court of Appeals Ninth Circuit. March 9, 1951. Nathan Cohn, San Francisco, Cal., and Robert Stroud, in pro. per., for appellant. Frank J. Hennessy, U.S. Atty., Joseph Karesh, Asst. U.S. Atty., San Francisco, Cal., for appellee. Before BONE, ORR and POPE, Circuit Judges. BONE, Circuit Judge. 1 Appellant, an inmate of the United States Penitentiary at Alcatraz, California, filed in the lower court a pleading which he entitle a petition for an injunction. He demanded an order restraining the warden of that institution from what he denominated an 'unlawful interference with the lawful business interests of petitioner, or depriving the petitioner of property rights secured to him under the Constitution and laws of the United States.' 2 The actions of the warden are said to result from a 'conspiracy' organized in 1931 by officials of the Federal Bureau of Prisons and continued since 1931, this conspiracy operating under the guise of a general order issued in 1931 purporting to regulate the administration of prison operations, the order among other matters forbidding the transaction of business by inmates of federal prisons.…