Murray v. Bledsoe, No. 10-4397 (3d Cir. June 10, 2011)
Murray, a federal prisoner, filed a pro se petition in the District Court for the Middle District of Pennsylvania seeking judicial review of the Federal Bureau of Prison’s decision not to allow him to choose his cellmate.
Finding that Murray’s claim lacked merit, the district court denied his petition. Murray appealed this decision to the Third Circuit.
Addressing Murray’s argument that he had a constitutional right to select his cellmate, the Third Circuit stated that although some authority demonstrates that the Ninth Amendment is a source of fundamental rights, no court has held that it establishes an inmate’s right to choose his cellmate.
Citing the Seventh and Eighth Circuits, the Third Circuit further noted that the courts which specifically addressed the issue of whether inmates have a constitutional right to choose cellmates have determined that no such right exists.
Because no substantial question was presented, the Third Circuit summarily affirmed the district court and denied his request for appointment of counsel and judicial notice along with his motion to amend deficient judicial statements.