Wade v. Bell

Fifth Circuit Court of Appeals

Decided Feb. 28, 1979.

Fifth Circuit Court of Appeals · decided 1979-02-28

Cited by 1 later decisions — most recently February 1979

1 federal appellate ·

2 counsel of record

Relies on Galtieri v. Wainwright · Ronald Royce Lundy v. R. A. Osborn, Warden Fci

Good law ✅— No negative treatment on recordhow we know

Decided 1979-02-28

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¶1Jeffie J. Massey, Dallas, Tex., for petitioner.

¶2Arnaldo N. Cavazos, Jr., Asst. U. S. Atty., Dallas, Tex., for respondent.

¶3Before CLARK, GEE and HILL, Circuit Judges.

¶4BY THE COURT:

¶5IT IS ORDERED that the petitioner’s application for leave to appeal in forma pauperis is DENIED as frivolous. We take occasion to reiterate that, under Lundy v. Osborn, 555 F.2d 534 (5th Cir. 1977), the proper disposition of such petitions as Wade’s is dismissal for failure to exhaust the administrative remedies provided by Bureau of Prisons Policy Statement 2001.-6A. Since the court below erroneously reached the merits of Wade’s claim, however, and since many of the considerations underlying the decision of the court en banc in Galtieri v. Wainwright, 582 F.2d 348 (5th Cir. 1978), are presented here as well — notably those of judicial economy — we have surveyed the claim’s merits and find them absent.

¶6DENIED.