Scott Richard Seelye v. Stan Stephens, Governor Chisholm Kurt Jack McCormick Warden, Montana State Prison

979 F.2d 855 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Scott Richard SEELYE, Plaintiff-Appellant, v. Stan STEPHENS, Governor; Chisholm Kurt; Jack MCcormick, Warden, Montana State Prison, Defendants-Appellees. No. 91-35847. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1992. * Decided Nov. 17, 1992. Before FERGUSON, O'SCANNLAIN and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Seelye, an inmate at Montana State Prison, filed a complaint under 42 U.S.C. § 1983 alleging that prison officials violated his rights by opening certain items of his incoming mail outside his presence. The district court adopted the recommendation of the magistrate judge that the complaint be dismissed because none of the articles of mail about which Seelye complained was "privileged" according to the prison's Inmate Correspondence Policy, and thus did not need to be opened with Seelye at hand. Seelye argues, however, that since he is a Minnesota state prisoner who was…