Johnny X. Milton v. Louis S. Nelson

This is an appeal from an order of the district court dismissing appellant’s complaint as frivolous, 28 U.S.C. § 1915 (d), and for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6). We affirm.

Appellant Milton is a California state prisoner. While in San Quentin, he had been allowed to acquire approximately 63 paperback books valued at $167.28. Upon his transfer to Deuel Vocational Institute, where regulations limited to ten the number of books each prisoner could possess, all but ten paperbacks were confiscated. The present claim is for money damages equal to the value of the confiscated books.

I. Dismissal for failure to state a claim.

Appellant’s asserted grounds for relief are 42 U.S.C. §§ 1981 , 1982, and 1983, the Civil Rights Act. He alleges that confiscation of the books constituted a violation of the Act by the State of California and a number of officials of the institution in which he is confined. However, the Civil Rights Act does not provide a proper basis for the appellant’s claim against any of the defendants.

Sections 42 U.S.C. §§ 1981 and 1982 authorize suits based on racial discrimination; there is however, no…