Gary William Holt v. Jerry Pitts, Sheriff

BAILEY BROWN, Circuit Judge

(concurring).

I agree that the result reached in the opinion is required by the law and therefore I concur. The fact remains, however, that the district judge is left with a pending case that apparently calls for an evidentiary hearing,^* and yet there is no way to dispose of it, so long as appellant is a prisoner in an institution far away, without great expense to the government. It is well known that the district courts have many cases such as this one gathering age. It seems that the problem presented by such cases calls for a study and ultimately, perhaps, for legislation as a guide to the courts for the proper steps to take in effecting their disposition.

* The district judge has held that appellant has stated a claim for relief with respect to the alleged refusal to allow him to have his law books in jail and alleged interference with his mail. The appellee has denied the allegations.