Kitrich Powell v. James Gibbons

MEMORANDUM

Nevada state prisoner Kitrich A. Powell appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging numerous constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e)(2), Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir.2005), and may affirm on any ground supported by the record, Trimble v. City of Santa Rosa, 49 F.3d 583, 584 (9th Cir.1995) (per curiam). We review for an abuse of discretion rulings regarding local practice and rules. Guam Sasaki Corp. v. Diana’s, Inc., 881 F.2d 713, 716 (9th Cir.1989). We affirm.

Dismissal was proper on Powell’s claim concerning the opening of his legal mail outside of his presence because defendants were entitled to qualified immunity. See Pearson v. Callahan, 555 U.S. 223 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009) (concluding that state officers were entitled to qualified immunity because their actions did not violate clearly established law); Sherman v. MacDougall, 656 F.2d 527, 528 (9th Cir.1981) (reserving issue of whether there is a constitutional violation where a prison official opens a prisoner’s legal mail…