Martin Allen Johnson v. Robert Moore, Superintendent, Clallam Bay Corrections Center
Opinion
Opinion
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. § 1983 against Robert Moore, the superintendent of Clal-lam Bay Corrections Center (“CBCC”) in Washington state where Johnson was incarcerated. Since this appeal was filed, Johnson was transferred to a federal prison and is currently housed in Arizona. Thus, his claim for injunctive relief from the “publishers only” rule’s application to softcover books and from the Clallam Bay’s smoking policy is moot because Johnson no longer is subjected to those policies. Qualified immunity prevents the imposition of compensatory damages stemming from the “publishers only” rule or the Washington prison’s smoking policy. We find the due process claims, the freedom of religion and eighth amendment claims to be merit-less and affirm the district court as to those. We also hold that the prison’s failure to provide appellant with tree photocopying does not violate his right to access to the courts.
I.Standard of Review
A district court’s grant of summary judgment is reviewed de novo. Berg v. Kincheloe, 794 F.2d 457, 459 (9th Cir.1986).