TaiLexi AI U.S. Case Law

Adrian C. Williams v. Jerry O'Brien

Adrian C. WILLIAMS, Petitioner-Appellant, v. Jerry O’BRIEN, Respondent-Appellee

Williams v. O'Brien, 792 F.2d 986 (10th Cir. 1986)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Tenth Circuit · U.S. Courts of Appeals
Decided
June 6, 1986
Docket
No. 86-1020
Judges
Logan, Per Curiam, Seth
Citations
792 F.2d 9861986 U.S. App. LEXIS 25782

Opinion — Per Curiam

PER CURIAM.

In accordance with 10th Cir.R. 9(e) and Fed.R.App.P. 34(a), this appeal came on for consideration on the briefs and record on appeal.

This is a renewed application for leave to proceed in forma pauperis on appeal after the district court dismissed appellant’s petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 and denied leave to proceed in forma pauperis.

Appellant has challenged the computation of his release date. In his petition, he alleged that he had completed service of his federal sentence as of an unspecified date in 1983 at which time appellee failed to discharge him.

By statute, responsibility for the computation of the service of a sentence is an administrative responsibility conferred upon the attorney general acting through the Bureau of Prisons. 18 U.S.C. § 3568 . For this reason, and because the agency is in a superior position to investigate the facts, judicial intervention is usually deferred until administrative remedies have been exhausted.

Smoake v. Willingham, 359 F.2d 386 (10th Cir.1966);

United States v. Steel, 400 F.Supp. 39 (E.D.Okla.1975).

The Bureau of Prisons has established an administrative procedure through which an inmate may seek review of complaints relating to any aspect of his imprisonment. 28 C.F.R. § 542.10 (1985). Appellant admitted that he commenced this action without complying with this procedure. He has no alternative but to comply.

Appellant can make no rational argument on the law or facts that would entitle him to relief.

See Phillips v. Carey, 638 F.2d 207 (10th Cir.), cert. denied, 450 U.S. 985 , 101 S.Ct. 1524 , 67 L.Ed.2d 821 (1981).

Appellant’s motion for leave to proceed in forma pauperis on appeal is DENIED.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

Cited by 54 cases

View all citing references →
1988: 11996: 11997: 31998: 31999: 32000: 12005: 22007: 22008: 22009: 62010: 62013: 22014: 12015: 12017: 12020: 42021: 32022: 52023: 32024: 22025: 12026: 119882026peak 2009 · 6

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Phillips v. Carey, 638 F.2d 207 (10th Cir. 1981) 56
Smoake v. J. T. Willingham,, United States Penitentiary, Leavenworth, Kan., 359 F.2d 386 (10th Cir. 1966) 35
United States v. Steel, 400 F. Supp. 39 (E.D. Okla. 1975) 5

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list