Douglas Stiltner v. B. J. Rhay, Superintendent, Washington State Penitentiary, Walla Walla, Washington

. 1. “There is no federally protected right of a state prisoner not to work while imprisoned after conviction, even though that conviction is being appealed” (Draper v. Rhay, 315 F.2d 193, 197 (9th Cir. 1963)); and since appellant alleged no more the District Court properly dismissed his action under the Civil Rights Act ( 42 U.S.C.A. § 1983 ).

No reversible error is presented by the denial of appellant’s various motions pendente lite seeking relief from restrictions allegedly imposed by prison authorities upon his access to legal materials and to the courts. To the extent these motions sought relief with respect to the action in which they were filed, it is clear denial did not prejudice appellant. His presentations in the court below (as in this Court) were timely and full, and in any event Draper v. Rhay presented an insurmountable legal obstacle to his success on the merits.

2. The District Court did not err in concluding that appellant’s second civil complaint was “frivolous” and in denying leave to file the complaint in forma pauperis on that ground.

The complaint sought damages from the State of Washington and the Sheriff of Yakima County, Washington, for allegedly…