Swift
I wish the world could read this letter so that they could know this:all letters
Swift
transcription
#1 Tyler Walton
12/7/23
I am writen this letter due to the last letters I send, I would like to have them post in the news letters , I also have sent a few more with this letter, Each one can be in different news letters. On another note I would like to know if it is a possible if the (redacted) which is there in the state of New York, I believe they can be great to assist us jailhouse lawyers with prison issues which in the past they have help with rights violated buy the prison. I do have a example copy of something they help me with. I also think I would be good for the other jailhouse lawyers because I read the issues they complaint of and I know they can help. I would like to have a the full names and prison numbers of those inmates so I can write to them myself. I know from federal I have sent and receive mail from prisoner in Michigan State and Indiana. Texas don't let prison to prison mail but I have my way around this issue. I can send the mail third party through and my also assist me in this matter. Can you please respond to this letter and questions.
Thank you for your effort in this matter
Respectfully
Swift
transcription
I
12/21/23
Tyler Walton
I would like to have this info place in the new letters for the Texas inmates that are part of the program for jailhouse lawyers. I am also going to write the state congress of the state of Texas about the policy at the state prison about the mail, also would like to know if it is possible that if we the inmate could work with this Cure program throughout the united States.
Did you recieve my last few letters? I have not receive anything back . I thank you for your time and effort in this matter,
Respectfully
4/8/19
March 31, 2019
Tyrone,
Bummer. You guys need some good jailhouse lawyers. Unfortunately, there is not much I can do to help. I simply do not have the time to work on any cases there. Keep on doing what you are doing. The courts do not like a lot of legal jargon from non-lawyers. Just tell your story - like you were telling to someone you know. Keep it short and to the point.
Unfortunately, there are very, very few attorneys that will take prisoner cases on a pro bono basis. It costs to litigate and most attorney do not have the money to put up front on prisoner cases, which have an extremely low return.
You are pretty much on your own. Good luck.
Yours in Struggle,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE CORRECTIONAL INSTITUTIONS DIVISION
DIRECTOR'S REVIEW COMMITTEE DECISION FORM
TDCJ-ID#
Unit
Offender
Date:
08/31/22
The Director's Review Committee (DRC) has rendered a decision regarding your appeal of the Unit rejection of unapproved offender to offender correspondence received in contradiction with BP-03.91, Uniform Offender Correspondence Rules
The return address indicates that the rejected item(s) was/were mailed to you from
Manchester, KY
DRC
copy:
Unit Mailroom
file
It is the decision of the DRC to uphold the Unit rejection of the above mentioned item(s). You will have 60 days from the above date to make disposition of the denied item unless security mandates there be no disposition.
TEXAS
June 22, 2023
Greetings, I have enclosed excerpts from BP-03.91 Inmate Correspondence. Your request to contact your cousin was reviewed by the DRC. Their decision is final in Texas. You may appeal annually, however, it has been my experience, once the DRC rules, it is permanent. This policy falls under Texas law, not Federal.
I wish you all the best in your endeavour.
(Redacted)
BP-03.91 (rev. 4) Page 4 of 14
PROCEDURES:
1. General Rules and Instructions Regarding Correspondence
A. Permissible Correspondents
An offender may correspond with as many persons as the offender chooses, except as restricted by this policy.
B. Restricted Correspondents
1. Other Offenders
Offenders may not correspond with other offenders unless:
The offenders are immediate family members, which means parents, stepparents, grandparents, children, stepchildren, spouses, common law spouses, siblings, aunts and uncles, and nieces and nephews;
b. The offenders have a child together, as proven through a birth certificate, and the parental rights have not been terminated;
C. The offenders are co-parties in a currently active legal matter; or
d. The offender is providing a relevant witness affidavit in a currently active legal matter.
Prior to an offender being approved to correspond, relationship issues shall be verified through the records office and legal matters shall be verified through the access to courts department.
2. Negative Mailing List
Offenders shall be denied permission to correspond with persons on the offender's negative mailing list. Persons on that list may be:
Minors whose parents or guardians object, in writing, to the correspondence, except an offender's own child or stepchild, unless the child or stepchild is the offender's victim as described in Section I.B.3, or there is a valid court order prohibiting contact after parental rights have been terminated;
b. Individuals who request, in writing, not to receive further correspondence from the offender;
Offenders who request, in writing, not to receive further correspondence from an individual;
BP-03.91 (rev. 4) Page 13 of 14
V. Review Procedures for Denied Items
A. Handling of Denied Items
Any incoming or outgoing correspondence or publications that are rejected shall not be destroyed but shall remain with the mailroom staff subject to examination and review by those involved in the administration of the appeal procedures outlined herein. Upon completion of the appeal procedures, if the correspondence or publication is denied, the offender may request that it continue to be held in the custody of the mailroom staff for use in any legal proceeding contemplated by the offender, or that it be disposed of in one of the following manners, unless security concerns mandate that the offender not have a choice in the disposition:
1. Mail the publication or correspondence to any person at the offender's expense; or
2. Destroy the publication or correspondence, only with the offender's written permission.
B. Correspondence and Publication Appeal Procedure
1. Appeal Procedures
3. Correspondence and Placement on Negative Mailing List
A written notice of appeal, including justification, shall be sent to the DRC within two weeks of notification of the denial of correspondence or placement on the negative mailing list.
b. Books and Magazines
Books and magazines that have been denied shall be automatically appealed. A written justification shall be sent to the DRC within three business days of rejection.
2. DRC Decision
The DRC shall render its decision within two weeks after receiving the appeal and shall issue written notification of the decision to the parties involved within two business days.
The publisher, sender, or other correspondent may challenge the DRC decision by providing written justification along with copies of the denied content to the MSCP.
BP-03.91 (rev. 4) Page 14 of 14
3. Delegation
The DRC chairman may delegate decisions regarding correspondence and publication denials to the MSCP, which shall be governed by the guidelines applicable to the DRC regarding appeals.
Texas Board of Criminal Justice
$5.51 82304M110153 18
7021 0350 0002 3203 2989 LEGAL MAIL: OPEN ONLY IN THE PRESENCE OF THE INMATE
FEB 1 8 2022 -
4096
WB 1164
Attorney at Law
APM
10 11 12 AM 0 RFCFIVED -TE 22 2022 8 9 10
TO:
1234567
LEGALMAIL: OPEN ONLY IN INMATE PRESENCE
January 2022
To the Warden,
I am , a lawyer educated at New York University School of Law and currently a Legal Fellow with the New York City Commission on Human Rights. Please be aware that I am now partnered with.
We are aware of retaliation against. As the lawyer of , I would like to make you aware that this person is my client and should not be retaliated against for filing remedies that helps him prepare. As I do not wish to see any retaliation against my client, I and will be keeping a clear focus on this issue. We will be looking out for incidents of retaliation against my clients and be responding in kind in a timely manner, so it is our hope that staff cease and desist from unfair and unjust retaliation against those who file administrative remedies.
We are aware that staff normally and usually retaliate against incarcerated people who file remedies in pursuance to BOP Program Statement 1330.18 and their due process rights. Retaliation by staff is a well documented feature of the prison system, even though that is violation of Program Statement 5290.9 Appendix C Inmate Rights and Responsibilities, which says that incarcerated people have the right "to be treated in a respectful, impartial, and fair manner by all staff." In 2019 r. found that Ms. had acted in a retaliatory manner against Mr. by placing him in solitary confinement after he expressed grievances about the inhumane conditions of the suicide watch program. A Texas State Auditor's report found that 62% of incarcerated individuals reported retaliation by staff following the filing of a grievance. According to a follow up study by the Prison Justice League, this number could be much higher, with 85.45% of respondents reporting retaliation following the filing of a grievance.
Further, I would like to make you aware that our mail is legal mail. We will also be paying close attention to any hindrance of the filing of administrative remedies. According to BOP Program Statement 1330.18, incarcerated people have the right to file these remedies. Hindering the ability to file remedies is a violation of an incarcerated individual's rights. Any violation of these rights will be pursued as such.
is an organization of university students who have been trained to utilize administrative remedies from the outside to advocate for people on the inside. Our ethos is to push against and directly change the mindset within prisons that causes staff to enact unlawful, unfair practices (e.g. withholding, delaying, tampering, replacing, or destroying filings) against people who are merely exercising their basic right to file administrative remedies.
U.S. Department of Justice
Central Office Administrative Remedy Appeal
Federal Bureau of Prison
Type or use ball point pen. If attached
as needed attach four copies. One copy each of the completed BP-DIR-9 and BP-DIR-10, including any attachments must be submitted with this appeal
From:
REG. NO
UNIT
INSTITUTION
Manchester
LAST NAME, FIRST, MIDDLE INITIAL
Part A-REASON FOR APPEAL
The Bop law library is everly inadequate and there is no other legal assistance available to inmates to access state law cases, Inmate(s) rights to access to the courts and equal protection of the law are been violated under the 14th Amendment Right and there is any assistance at the initial stage of preparation of the state writs and Interstate Agreement on Detainers Act (IADA). Therefore the BOP Policy violates the Fourteenth Amendment right access to the court which make it unconstitutional. Relief: Remove Policy 1315.07 and add state laws and rules procedures to the Lexis Nexis law library computers in the BOP.
DATE
3/14/2023
SIGNATURE OF REQUESTER
Part B-RESPONSE
RECEIVED
MAR 2 3 2023
Administrative Remedy Section Federal Bureau of Prisons
RECEIVED
JUN 06 2023 WARDEN'S OFFICE
GENERAL COUNSEL,
DATE ORIGINAL: RETURN TO INMATE
CASE NUMBER:
114545071
Part C-RECEIPT
CASE NUMBER:
Return to:
LAST NAME, FIRST, MIDDLE INITIAL
REG. NO.
UNIT
INSTITUTION
SUBJECT:
DATE
SIGNATURE OF RECIPIENT OF CENTRAL OFFICE APPEAL
BD_235(13) APRIL 1982
The Supreme Court held inmate's has a right under the constitution 14th Amendment to access the courtes) which requires prison authorities to assist mmutes in the preparation and filmy of Meaningful legal papers by Providing prisoners with a adequate law librarie or adequate assistance from person tained in the law.
While the supreme Court recognized that judicial restraint is often repeatedly held that this policy " cannot encompass any failure to take cognizance of valid constitutional claims." See Procunter V. Martinez, 416 US 395, 405 (974).
States nor Federal prison may not interfere with prisoners access to the federal court by screening petitions directed to the court. See Johnson V. Avery, 393 US 483 (1984), Prison regulations invidiously day them access to those state case(s) and rules of this knowledge of the law is inconsistent with Johnson, Procunter and Wolff. The fundamental constitut- ional right of access to the court supposed to be upheld and not deprived.
Relief: Remove Policy 1315,07 and add state laws and rules procedures to the Lexis Nexis law library computers in the BOP.
Administrative Remedy Number 1145450-A1 Part B - Response
This is in response to your Central Office Administrative Remedy Appeal, in which you allege a violation of your Constitutional rights due to the lack of legal assistance and state legal material in the law library. For relief, you request to have Program Statement 1315.07 Legal Activities, Inmate, removed and to have state law and regulations be added to Lexis Nexis Law Library content.
We have reviewed documentation relevant to your appeal and based on the information gathered, concur with the manner in which the Warden and Regional Director addressed your concerns at the time of your Request for Administrative Remedy and subsequent appeal. In accordance with Program Statement 1315.07, Legal Activities, Inmate, the Bureau of Prisons is not mandated to provide state case law or other state legal materials. You may contact the appropriate department at your current institution for a list of legal resources.
Accordingly, your appeal is denied.
Date
05-22-2023
Administrator
National Inmate Appeals
HAZ: 1330.13A
Date: November 29, 2006 Subject: Administrative Remedy Program
Page: Attachment A
UNITED STATES PENITENTIARY HAZELTON REQUEST FOR ADMINISTRATIVE REMEDY INFORMAL RESOLUTION FORM - General Population
INMATE'S NAME:
1. Specific Complaint: I signed up for out count Law Library on Thursday 11/16/17 morning to work on my case, because of lockdowns and Ms. was working solation she was very unprofessional refusing to talk to inmates and help them with me items they need to access the courts. She also blocked the office door with a desk and refuse to let inmates stay for out count. 2. Relief Requested: Ms. need to be trained professionaly and if she do not want to do her job then do not work the law Library. the need to stop wishing blocking inmates from access to the courts and due process rights Johnson v. Avery 383 U.S. 483 (1969) and Bounds . South 430U.S 817(1977) BOP Policy states inmates have a right to access the law library. See attachment
Part B: Referred To:
Food Svc
Unit Hanagor
Unicor
Business Office
Psychology
Education x
rust fund/Laundry
Religious Services
Rocreation
edith Services
staty
ISM/Mailroom/Recorda
Correctional Svcs"
Facilities
Administration
Part C: Informal Resolution Attempt
Issue Resolved/
Relief Granted
Commonts:
Issue Unresolved/ Me Relief Granted
Comments:
Unable To Address
Issue/Referred To:
Comments:
Innate Signature :
Date: Date: 11/19/17
...
Unit Managers Signature
Date:
Counselor's Tracking
Tracking |
A-502
Event Dato + 20 Days
Form Isqued
57-9 Issued
OF-9 Returned
Staff Signatures
11-18-17
12-1-17
11-18-17
-
4.000
There are no way to access state law cases on the law library computers state rules and procedures, inmates can not fully respond to adversary's .... motion(s) to the courts. Benjamin V. kerik: 102 F. Supp. 2d 157 ( S. D. N. Y. 2000)
Relief Requested: Provide the program on the computer law library to access and cite state laws and cases for tomates to access the courts.
RESPONSE TO REQUEST
LITERACY PROGRAM WITHDRAWAL INMATE NAME:
This is in response to your Inmate Request for Administrative Remedy dated November 16, 2017, but was not received until November 27, 2017 in which you allege the Bureau of Prisons is depriving your rights of access to state law cases.
Be advised per policy statement_1315.07_page_2_section D, The Bureau is not mandated to provide state case law and other state legal materials.
However, you can refer to section 7 letter C, (3) State officials are responsible for providing state legal assistance and/or state legal materials to state inmates transferred to Federal custody. Staff may not interfere in an inmate's attempts to obtain such assistance or materials. If state correctional officials elect to provide state legal materials for their inmates, the institution will suggest the manner in which such materials should be provided. The Regional Counsel must be notified if questions arise.
You are encouraged to attempt to gain access to State Legal Materials through State Officials.
I trust this information addresses your concerns.
Assistant Supervisor of Education
TRULINCS
FROM: Warden TO: SUBJECT: RE :*** Inmate to Staff Message *** DATE: 11/15/2017 12:37:02 PM
Please speak with Mr. in the education department regarding this request.
> To:
Inmate Work Assignment: NONE
I WOULD LIKE TO APPY FOR THE LEGAL WRITER PROGRAM. ITS STATES THAT THE WAREN ONLY CAN APPROVE THIS PROGRAM AND THAT IT WOULD BE PAID BY THE PRISON. THIS WHAT THE POLICY STATES. IT SUPPOSE TO BE A LEGAL WRITER IN THE LAW LIBRARY HIRED BY STAFF OF B.O.P TO ASSISTANCE THE INMATES.
REQUEST FOR ADMINISTRATIVE REMEDY ADMINISTRATIVE REMEDY
You have filed a Request for Administrative Remedy in which you allege that you are being denied access to State Law by the Education Department, and have requested the materials be placed on the electronic law library computer system.
According to program statement 1315.07, Legal Activities, Inmate, page 2, section D, The Bureau is not mandated to provide state case law and other state legal materials.
Although, you can refer to section 7 letter C, (3) State officials are responsible for providing state legal assistance and/or state legal materials to state inmates transferred to Federal custody. Staff may not interfere in an inmate's attempts to obtain such assistance or materials. If state correctional officials elect to provide state legal materials for their inmates, the institution will suggest the manner in which such materials should be provided. The Regional Counsel must be notified if questions arise.
The materials found on the electronic law library is consistent in that all available materials are the same throughout the Bureau of Prisons.
You are encouraged to attempt to gain access to State Legal Materials through State Officials.
Based on the foregoing, your Request for Administrative Remedy is denied.
If dissatisfied with this response, you may appeal to the Mid- Atlantic Regional Director, Federal Bureau of Prisons, 302 Sentinel Drive, Suite 200, Annapolis Junction, Maryland 20701. Your appeal must be received in the Regional Office within 20 days of the date of this response.
Date
1/18/18