Lamar Jeffries v. Snake River Corrections - Oreg

Good Law
362 F. App'x 587
United States Court of Appeals for the Ninth CircuitJanuary 11, 201008-35707California309 words

Opinion

Opinion

MEMORANDUM

Lamar Howard Jeffries, a former Oregon state prisoner, appeals pro se from the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with mail handling policies of the Oregon Department of Corrections and Snake River Correctional Institute. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002), and we affirm.

The district court properly granted summary judgment on Jeffries’s First Amendment claims because Jeffries failed to raise a genuine issue of material fact as to whether the prison’s mail handling policies were reasonably related to legitimate pe-nological interests. See Turner v. Safley, 482 U.S. 78, 89-91 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987) (discussing factors relevant in determining whether regulation that impinges on First Amendment rights is reasonably related to legitimate penological interests).

We do not consider issues that Jeffries raises for the first time on appeal, see Whittaker Corp. v. Execuair Corp., 953 F.2d 510, 515 (9th Cir.1992) (“As a general rule, an appellate court will not hear an issue raised…

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