Marcus Harrison v. D. Milligan

MEMORANDUM

Marcus L. Harrison, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his First Amendment rights when they confiscated his mail. We have juris- ' diction under 28 U.S.C. § 1291 . • We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment because Harrison failed to raise a genuine dispute of material fact as to whether defendants’ confiscation of his incoming mail was not reasonably related to the prison’s legitimate penological interest in prison safety, and as to whether defendants’ confiscation of his outgoing mail did not further a substantial governmental interest in prison safety. See Thornburgh v. Abbott, 490 U.S. 401, 413 , 109 S.Ct. 1874 , 104 L.Ed.2d 459 (1989) (setting forth factors for evaluating a First Amendment claim relating to the regulation of incoming mail); Procunier v. Martinez, 416 U.S. 396, 413-14 , 94 S.Ct. 1800 , 40 L.Ed.2d 224 (1974) (setting forth factors for evaluating a First Amendment claim relating to the regulation of outgoing mail), overruled on other…