Martin Allen Johnson v. Robert Moore, Superintendent, Clallam Bay Corrections Center

Appellant Martin Allen Johnson appeals pro se the district court’s entry of summary judgment in his civil rights action brought under 42 U.S.C. section 1983 against Robert Moore, the superintendent of the state correctional facility where Johnson was incarcerated. Johnson alleges a number of due process violations, as well as infringement of his rights under the first and eighth amendments. On the facts of this case, we find the due process, freedom of religion and eighth amendment claims to be meritless and affirm the district court as to those. We also hold that the prison’s failure to provide inmates free photocopying does not violate his right of access to the courts. We reverse and remand, however, as to the first amendment claim arising from the “publishers only” rule’s application to softcover books.

I

A district court’s grant of summary judgment is reviewed de novo. Berg v. Kinckeloe, 794 F.2d 457, 459 (9th Cir.1986).

II

Appellant alleges a number of due process violations. First, he claims that he was unlawfully denied a hearing before being placed on "cell lockdown.” If this treatment were meted out as punishment, this would perhaps constitute a cognizable claim.…