Joseph M. Aragon v. R. A. Wathen and C. A. Young

This appeal is from dismissal of a complaint asserting a claim under the Civil Rights Acts. 42 U.S.C. §§ 1983 , 1985 and 28 U.S.C. § 1343 . The appellant is a prisoner under conviction by a state court, and he alleges that prison authorities, the appellees, conspired to prevent his converting a government bond into cash. He asserts that he was thereby unlawfully deprived of a constitutional right.

The District Court properly dismissed the action. Appellant’s grievance is not of such quality as will support a claim for relief under the Civil Rights Acts. It appears to arise from exercise of regulatory supervision which, absent a showing of unmistakable abuse, must rest within the discretion of prison officials. See United States ex rel. Wagner v. Ragen, 213 F.2d 294 (7th Cir.), cert. denied, 348 U.S. 846 , 75 S.Ct. 68 , 99 L.Ed. 667 (1954); Adams v. Ellis, 197 F.2d 483 (5th Cir. 1952); Stroud v. Swope, 187 F.2d 850 (9th Cir.), cert. denied, 342 U.S. 829 , 72 S.Ct. 53 , 96 L.Ed. 627 (1951).

Affirmed.