Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

JOHN BRENT TARLTON, JR., PETITIONER-APPELLANT, v. J. D. HENDERSON, WARDEN, ET AL., RESPONDENTS-APPELLEES.

PER CURIAM:

The appellant in this case, a federal prisoner, sought mandamus to compel prison officials to allow him to purchase a typewriter for his personal use. He contended below that the officials' refusal to allow him to buy a typewriter constituted a denial of his right of access to the courts, and an illegal restraint of trade in violation of the Sherman Antitrust Act. The district court denied the petition for mandamus. We affirm.

It is appropriate to dispose of this pro se case summarily, pursuant to this Court's local Rule 9(c)(2), since the appellant failed to file a brief within the time fixed by Fed.R.App.P. 31. Kimbrough v. Beto, 5 Cir. 1969, 412 F.2d 981.

This Court has not previously decided whether prison inmates must be permitted to purchase typewriters. In Durham v. Blackwell, 5 Cir. 1969, 409 F.2d 838, we held that a prison library was not obligated to type prisoners' legal briefs for them, since the courts accept handwritten briefs. Since a litigant's cause is not prejudiced by the filing of a handwritten brief, a prohibition against the purchase of typewriters cannot constitute denial of access to the courts.

The appellant's second contention is likewise without merit, since the Sherman Antitrust Act does not apply to government activities of this sort. See, e. g., Alabama Power Co. v. Alabama Elec. Co-op, Inc., 5 Cir. 1968, 394 F.2d 672, 675, cert. denied, 1968, 393 U.S. 1000, 89 S.Ct. 488, 21 L.Ed.2d 465.

The order of the district court is affirmed.

Use AI to get other relevant cases.

Comments

TARLTON v. HENDERSON
(Aug 22, 1972)