VAN DUSEN, District Judge.
The plaintiff in this action, Sylvester Lockhart, Jr., is incarcerated in the State Correctional Institution at Graterford, Pa., serving a 20 to 40 year sentence for robbery effective from August 24, 1956. The essence of his complaint, drawn without the aid of counsel, is that he is prevented from challenging assertions made by the courts and the state regarding the legality of his conviction because named prison officials, cited as defendants in this action, have refused to allow him to order used law books from a certain bookstore in Philadelphia. The plaintiff has filed three separate petitions attacking his convictions in the state courts, all of which have been denied. A petition for a writ of habeas corpus filed in this court was dismissed without prejudice on June 12, 1962, for failure to comply with Local Rule 37.
At present, plaintiff has another motion attacking his conviction pending in the state court.
Plaintiff has requested this court (1) to grant him a hearing to present his arguments, (2) to issue a temporary restraining order, restraining the defendants from any further interference with plaintiff's rights until a permanent injunction is finally issued, and (3) damages in the sum of $5,000. This action is based upon the Civil Rights Act (42 U.S.C. §§ 1983 and 1985) and 28 U.S.C. § 1343, which confers jurisdiction on the District Courts.
The defendants have attached to their answer a copy of a pamphlet entitled "Handbook for Inmates," which is distributed to each prisoner at Graterford upon entrance and which contains the following regulation:
"The contents of all packages must be new and must be mailed direct from the store where the purchase was made. You must have prior approval of the Deputy Supt. to receive a package." (Page 6.)