Jerome Jenks v. Garrett Henys, Director Department of Institutions, Olympia, Washington
Opinion
Opinion
On May 26, 1966, Jenks, a Washington State prisoner, filed in the District Court a civil complaint under the Civil Rights Act ( 42 U.S.C. § 1985 (3), 28 U.S.C. § 1343 ) against four officials of the State Department of Institutions, Henys, Director of the Department, Gahagen, former Associate Superintendent of the State Prison, Rhay, Superintendent of the Prison, and Delmore, Supervisor of the Division of Adult Corrections. He charges them with conspiracy to deprive him of his constitutional rights by intercepting and refusing to mail two letters addressed by him to the Supreme Court of Washington. He says that each letter “pertained to [his] legal actions.” No other particulars are given. Summons has neither been issued nor served; no defendant has appeared.
On June 15, 1966, Jenks filed a “Motion for Order Allowing the Plaintiff the Personal Possession of his Legal File.” On June 29, 1966, he filed an “Affidavit of Default,” seeking the default of three of the defendants, and on July 6, 1966, a similar affidavit as to the fourth defendant, together with a motion for default judgment against the first three defendants. On July 11, a similar motion was filed as to the fourth…