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FREELEY v. UNITED STATES

No. 72-1127.

465 F.2d 1403 (1972)

A. Robert FREELEY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 13, 1972.

Attorney(s) appearing for the Case

Stanley A. Bass, New York City (Court-appointed), for petitioner-appellant.

John W. Stokes, U. S. Atty., Anthony M. Arnold, Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.

Before TUTTLE, BELL and AINSWORTH, Circuit Judges.

PER CURIAM:

A letter from appellant, a federal prisoner, to the district court was, at the election of the district court, treated as a petition for mandamus, docketed and dismissed. There was no service upon the United States nor any agent thereof and no response was required.

Relying on notice pleading concepts and the supervening Supreme Court decision of Haines v. Kerner, 1972, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652...

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