Toles v. Katzenbach

385 F.2d 107 Alfred Earl TOLES, Appellant, v. Hon. Nicholas KATZENBACH, Acting Attorney General of the United States, Hon. Myrl Alexander, Director U. S. Bureau of Prisons, R. W. May, Warden, U. S. Penitentiary, McNeil Island, Washington, Appellees. No. 21268. United States Court of Appeals Ninth Circuit. September 27, 1967. Rehearing Denied October 23, 1967. Alfred E. Toles, in pro. per. Eugene G. Cushing, U. S. Atty., Tacoma, Wash., for appellee. Before POPE, MERRILL and BROWNING, Circuit Judges. MERRILL, Circuit Judge: 1 Appellant is a Negro inmate at the United States Penitentiary, McNeil Island, Steilacoom, Washington. By this suit he seeks injunctive relief from alleged violations of Constitutional rights through practices of the institution resulting in racial segregation in the housing of inmates and discrimination in work and other program assignments. The District Court rendered summary judgment in favor of appellees, and appellant, in propria persona, has taken this appeal. Treating the suit as one in the nature of mandamus, we recognize jurisdiction of the District Court to be conferred by 28 U.S.C. § 1361 (1964). 1 2 Appellant has already accomplished something…