Eddie Lee Fain v. Frank Wallace Dean Johnson, Officer Robert Borg

962 F.2d 13 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eddie Lee FAIN, Plaintiff-Appellant, v. Frank WALLACE; Dean Johnson, Officer; Robert Borg, Defendants-Appellees. No. 91-15374. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1992. * Decided May 7, 1992. Before HUG, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Eddie Lee Fain appeals pro se the district court's summary judgment in his civil rights action under 42 U.S.C. § 1983 . Fain contends that he is entitled to summary judgment because the defendants violated his constitutional rights by tampering with and opening his legal mail outside his presence. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court's grant of summary judgment, Harper v. Wallingford, 877 F.2d 728, 731 (9th Cir.1989), and affirm. 3 To state a section 1983 claim, the plaintiff must allege facts showing a person acting under color of state law deprived the plaintiff…