the Circuit Court of Appeals of the Third Circuit on February 15, 1947, to number 9347.
The motion now before this Court is in the nature of a Mandamus against the warden.
The search by the custodial force to which petitioner refers is evidently the routine search of prisoners' lockers for the removal therefrom of such articles as are kept therein by prisoners in violation of the prison regulations. This involves administrative discretion of the warden of the penitentiary and is not, as an independent or abstract question, within the jurisdiction of this Court. Reilly v. Hiatt, D.C., 63 F.Supp. 477; United States ex rel. Mitchell v. Thompson, D.C., 56 F.Supp. 683.
As it has been repeatedly pointed out this Court may not interfere with an administrative officer in a matter involving the exercise of his discretion not in connection with a matter presently pending in this court. Hogan v. Hill, D.C., 9 F.Supp. 975, affirmed 3 Cir., 78 F.2d 1017.
The motion of Reuben Roy Rothstein for an injunction is accordingly denied.
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