Alvin Howard Canell v. Oregon Department of Corrections B.E. Heath M. McGee S. Fox, Mail Room Officer, Oregon Department of Corrections

Good Law
962 F.2d 13·1992 WL 99297·1992 U.S. App. LEXIS 23443
United States Court of Appeals for the Ninth CircuitMay 7, 199291-35591California642 words

Opinion

Opinion

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alvin Howard CANELL, Plaintiff-Appellant, v. OREGON DEPARTMENT OF CORRECTIONS; B.E. Heath; M. McGee; S. Fox, Mail Room Officer, Oregon Department of Corrections, Defendants-Appellees. No. 91-35591. 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 Alvin Howard Canell, an Oregon state prisoner, appeals pro se the dismissal of his civil rights action under 42 U.S.C. § 1983 and Oregon state law. Canell contends that his first amendment rights were violated when prison officials opened and read his incoming mail without consent or authorization. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Kruso v. Int'l Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, 110 S.Ct. 3217 (1990), and affirm. 3 * Federal Claim Under 42 U.S.C. § 1983 4 A…

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