239 F. Supp. 724 | S.D.N.Y. | 1965
This application for a writ of habeas corpus, which does not challenge the lawfulness of petitioner’s detention but seeks only his transfer to another Federal facility on the ground that he is being mistreated at his present place of confinement, is denied.
The place of detention of petitioner is within the sole discretion of the Attorney General and the Bureau of Prisons.
. 18 U.S.C. §§ 4042, 4082.
. Compare Snow v. Roche, 143 F.2d 718 (9th Cir. 1944), and Threatt v. North Carolina, 221 F.Supp. 858 (W.D.N.C. 1963) (state prisoner), with Harris v. Settle, 322 F.2d 908, 910 (8th Cir. 1963) (dictum), cert. denied, 377 U.S. 910, 84 S.Ct. 1171, 12 L.Ed.2d 179 (1964), and Coffin v. Reichard, 143 F.2d 443, 155 A.L.R. 143 (6th Cir. 1944) (dictum), and In re Baptista’s Petition, 206 F.Supp. 288 (W.D.Mo.1962) (dictum). See also, Sweeney v. Woodall, 344 U.S. 86, 93, 73 S.Ct. 139, 97 L.Ed. 114 (1952) (dissenting opinion); Note, 72 Yale L.J. 506, 509-12 (1963).