546 F. Supp. 480 | S.D.N.Y. | 1982
OPINION
Petitioner, an inmate of the Federal Correctional Institution at Otisville, New York commenced this action against the Federal Prison Industries (“Prison Industries”), named as respondent. He asserts the action is commenced under the All Writs Act, 28 U.S.C., section 1651. Since he appears pro se, his pleading is construed liberally.
Petitioner was employed by Prison Industries under the Federal Prison Rehabilitation Program. He seeks to recover back pay from January 18, 1982 to February 2, 1982, during which period he did not work. He charges he was discriminated against in that other inmates, “hand picked,” were allowed to work during the period in question and consequently he was deprived of pay.
The Attorney General is vested with discretionary authority over the administration of the rehabilitation programs for federal prisoners.
As to the contention that the malfunctioning of the power unit was due to respondent’s negligence, even assuming this to be true, petitioner does not state a valid claim. It does not rise to the level of an abuse of discretion for the administrator
The respondent is entitled to prevail upon both branches of his motion. Accordingly, the complaint is dismissed.
. Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 292, 50 L.Ed.2d 251 (1976); Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972); Morpurgo v. Board of Higher Education, 423 F.Supp. 704, 713 (S.D.N.Y.1976).
. Respondent alleges petitioner and all other inmates were returned to their assigned jobs on February 1. We accept that he started working on February 2.
. 18 U.S.C. § 4042 provides:
The Bureau of Prisons, under the direction of the Attorney General, shall—
(1) have charge of the management and regulation of all Federal penal and correctional institutions;
(3) provide for the protection, instruction, and discipline of all persons charged with or convicted of offenses against the United States;
. Seilers v. Ciccone, 530 F.2d 199, 202 (8th Cir. 1976); Daughtery v. Harris, 476 F.2d 292, 294 (10th Cir.), cert. denied, 414 U.S. 872, 94 S.Ct. 112, 38 L.Ed.2d 91 (1973). .