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KIRBY v. THOMAS

No. 15709.

336 F.2d 462 (1964)

Eugene KIRBY, Petitioner-Appellant, v. Luther THOMAS, Warden Kentucky State Penitentiary, Eddyville, Kentucky, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

September 10, 1964.

Attorney(s) appearing for the Case

Eugene Kirby, in pro. per.

Robert Matthews, Atty. Gen., Martin Glazer, Asst. Atty. Gen., Frankfort, Ky., for appellee.

Before WEICK, Chief Judge, PHILLIPS, Circuit Judge, and BROWN, District Judge.

HARRY PHILLIPS, Circuit Judge.

This case involves the validity of a regulation adopted by the Kentucky Department of Corrections which forbids the mailing from state prisons of certain legal papers prepared by inmates. The regulation provides that papers or documents of a legal nature prepared by an inmate of a state prison shall not be permitted to be mailed or sent out by an inmate of a state penal institution, with certain exceptions.1

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