(But see Coffin v. Reichard, 6 Cir., 1944, 143 F.2d 443, 155 A.L.R. 143). Various civil actions have been tried, but the courts have uniformly held that the prison authorities have discretion as to the treatment of prisoners, not controllable or remediable by the courts in civil actions. We have repeatedly so held. (Stroud v. Swope, 9 Cir., 1951, 187 F.2d 850; Sanders v. Johnston, 9 Cir., 1947, 159 F.2d 74; Numer v. Miller, 9 Cir., 1948, 165 F.2d 986; Sanders v. Swope, 9 Cir., 1949, 176 F.2d 311). Again, other circuits agree. (Taylor v. Steele, 8 Cir., 1951, 191 F.2d 852; Prince v. Klune, 1945, 80 U.S.App.D.C. 31, 148 F.2d 18; Laughlin v. Cummings, 1939, 70 App.D.C. 192, 105 F.2d 71; Platek v. Aderhold, 5 Cir., 1934, 73 F.2d 173; Dayton v. Hunter, 10 Cir., 1949, 176 F.2d 108; Sturm v. McGrath, 10 Cir., 1949, 177 F.2d 472). The foregoing are all actions by federal prisoners.
This view is wholly at odds with the sweeping contentions of appellant as to his unlimited right to engage in "outside" business activities. De Cloux v. Johnston, D.C., 70 F. Supp. 718; Sanders v. Johnston, 9 Cir., 159 F.2d 74; Numer v. Miller, 9 Cir., 165 F.2d 986; Sanders v. Swope, 9 Cir., 176 F.2d 311 and authorities cited in these cases. Cf. Snow v. Roche, 9 Cir., 143 F.2d 718, certiorari denied, 323 U.S. 788, 65 S.Ct. 311, 89 L.Ed. 629; Shepherd v. Hunter, 10 Cir., 163 F.2d 872, 874.
This is but one of many proceedings which appellant has brought either attacking the proceedings in which he was convicted and sentenced or else complaining of the conditions of his imprisonment. See Sanders v. Sanford, Warden, 5 Cir., 138 F.2d 415, certiorari denied 322 U.S. 744, 64 S.Ct. 1142, 88 L.Ed. 1576, rehearing denied 322 U.S. 773, 64 S.Ct. 1283, 88 L.Ed. 1593; Sanders v. Bennett, 80 U.S.App.D.C. 32, 148 F.2d 19; Sanders v. Johnston, 9 Cir., 165 F.2d 736, certiorari denied 334 U.S. 829, 68 S.Ct. 1328, 92 L.Ed. 1757, rehearing denied 335 U.S. 838, 69 S.Ct. 7, 93 L.Ed. 390; Sanders v. Johnston, 9 Cir., 159 F.2d 74; Sanders v. Swope, 9 Cir., 176 F.2d 311. Counsel appointed to represent appellant here has presented his case with zeal and fidelity and has said everything in his behalf that could be said; but nothing is presented which would justify a court in inquiring again into the regularity of proceedings which were before us eight years ago and which were carefully considered at that time. Affirmed.
PER CURIAM. The judgment is affirmed on the authority of Sanders v. Johnston, 9 Cir., 159 F.2d 74 and Numer v. Miller, 9 Cir., 165 F.2d 986.
Judge Chesnut had previously denied release under a writ of habeas corpus in 1944, Sanders v. Brady, D.C., 57 F. Supp. 87, and other courts have considered various proceedings brought by Sanders either attacking the proceedings in which he was convicted or complaining of the conditions of his imprisonment. See Sanders v. Sanford, 5 Cir., 138 F.2d 415, certiorari denied 322 U.S. 744, 64 S.Ct. 1142, 88 L.Ed. 1576, rehearing denied 322 U.S. 773, 64 S.Ct. 1283, 88 L.Ed. 1593; Sanders v. Bennett, 80 U.S.App.D.C. 32, 148 F.2d 19; Sanders v. Johnston, 9 Cir., 165 F.2d 736; certiorari denied 334 U.S. 829, 68 S.Ct. 1328, 92 L.Ed. 1757, rehearing denied 335 U.S. 838, 69 S.Ct. 7, 93 L.Ed. 390; Sanders v. Johnston, 9 Cir., 159 F.2d 74; Sanders v. Swope, 9 Cir., 176 F.2d 311. In its opinion affirming the conviction, Sanders v. United States, 127 F.2d 647, certiorari denied 317 U.S. 626, 63 S.Ct. 37, 87 L.Ed. 506, the Fourth Circuit said:
Apart from technical requirements, and viewing the petition as one seeking injunctive relief, it is apparent that it fails to disclose grounds sufficient to state a cause of action. Hillard Sanders v. Johnston, 9 Cir. 1947, 159 F.2d 74; Laughlin v. Cummings, 70 App.D.C. 192, 105 F.2d 71. (2) The petition for writ of habeas corpus ad testificandum is equally without merit.