Pennsylvania in processing detainer warrants which have been lodged against Pennsylvania prisoners. It appears that a detainer warrant was lodged against the plaintiff by the State of New Jersey during the latter part of 1974, and it further appears that this outstanding detainer is still a part of the inmate's institutional record. Plaintiff contends that his constitutional rights have been violated because he has never received official notice of the detainer warrant, and has never been afforded an opportunity to challenge the sufficiency of the warrant.
Plaintiff's complaint must be dismissed for failure to state a claim upon which relief may be granted. Simply stated, it is a well-settled principle of law that a prisoner does not have a constitutional right to receive notice of, and participate in, extradition proceedings. U.S. ex rel. Fort v. Meiszner, 319 F. Supp. 693 (N.D.Ill. 1970). My research has failed to disclose a single case in which a court has held that extradition proceedings are subject to judicial review on constitutional grounds. In fact, the Supreme Court has held that there is no violation of a criminal defendant's constitutional rights when a prosecuting state by-passes the asylum state's extradition procedures by "forcibly abducting" the criminal defendant from the asylum state. Ker v. Illinois, 119 U.S. 436, 7 S. Ct. 225, 30 L. Ed. 421 (1886); Frisbie v. Collins, 342 U.S. 519, 72 S. Ct. 509, 96 L. Ed. 541 (1952). Since it appears that there has been no violation of plaintiff's constitutionally protected rights, this Court is without jurisdiction to grant the declaratory and injunctive relief requested.
However, since the plaintiff is proceeding pro se, the Court directs his attention to the provisions of § 10 of the Pennsylvania Uniform Extradition Act, 19 P.S. 191.10, which provides that:
"No person arrested upon [a detainer warrant] shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this State who shall inform him of the demand made for his surrender and of the crime with which he is charged and that he has a right to demand and procure legal counsel, and, if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof and of the time and place of hearing thereon shall be given to the prosecuting officer of the county in which the arrest is made and which the accused is in custody and to the said agent of the demanding state."