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  • Dexter C. Dayton v. James v. Bennett, Director, Bureau of Prisons and Chesley H. Looney, Warden, United States Penitentiary, Leavenworth, Kansas, 218 F.2d 696, 10th Cir. (1955)

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    Dexter Dayton, an inmate at the United States Penitentiary in Leavenworth, Kansas, filed an application for a writ of habeas corpus alleging that prison officials failed to mail a civil complaint he had prepared against a newspaper. The district court dismissed the application. The appellate court affirmed the dismissal, finding that the district court did not have jurisdiction to grant the relief sought in the application.

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    Filed: 1955-01-28 Precedential Status: Precedential Citations: 218 F.2d 696 Docket: 5020

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    Dexter Dayton, an inmate at the United States Penitentiary in Leavenworth, Kansas, filed an application for a writ of habeas corpus alleging that prison officials failed to mail a civil complaint he had prepared against a newspaper. The district court dismissed the application. The appellate court affirmed the dismissal, finding that the district court did not have jurisdiction to grant the relief sought in the application.

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    Dexter C. Dayton v. James v. Bennett, Director, Bureau of Prisons and Chesley H. Looney, Warden, United States Penitentiary, Leavenworth, Kansas, 218 F.2d 696, 10th Cir. (1955)

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    Dexter Dayton, an inmate at the United States Penitentiary in Leavenworth, Kansas, filed an application for a writ of habeas corpus alleging that prison officials failed to mail a civil complaint he had prepared against a newspaper. The district court dismissed the application. The appellate court affirmed the dismissal, finding that the district court did not have jurisdiction to grant the relief sought in the application.

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    of 2

    218 F.

    2d 696

    Dexter C. DAYTON, Appellant,


    v.
    James V. BENNETT, Director, Bureau of Prisons; and Chesley
    H. Looney, Warden, United States Penitentiary, Leavenworth,
    Kansas, Appellees.
    No. 5020.

    United States Court of Appeals, Tenth Circuit.


    January 28, 1955.

    Dexter C. Dayton, pro se.


    Selby S. Soward, Asst. U. S. Atty., Topeka, Kan. (William C. Farmer, U.
    S. Atty., Wichita, Kan., on the brief), for appellees.
    Before PHILLIPS, Chief Judge, BRATTON, Circuit Judge, and
    VAUGHT, District Judge.
    PER CURIAM.

    This is an appeal from an order dismissing an application for a writ of habeas


    corpus.

    The petitioner, Dayton, is confined in the United States Penitentiary at


    Leavenworth, Kansas. In his application for the writ, he alleged that he was
    being deprived of his constitutional rights by the respondents in that he had
    prepared a civil complaint sounding in libel against the Washington TimesHerald, publisher of a newspaper in Washington, D. C., as defendant, and had
    deposited such complaint with officials of the United States Penitentiary at
    Leavenworth, Kansas, for mailing to the Clerk of the United States District
    Court for the District of Columbia, at Washington, D. C., for filing in such
    court, and that respondents failed to forward such complaint in accordance with
    his direction.

    It affirmatively appears that the court was without jurisdiction to grant the

    relief sought. See Dayton v. Hunter, 10 Cir., 176 F.2d 108.


    4

    Affirmed.

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