Robert B. Butler v. Salvador Godinez

29 F.3d 630 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert B. BUTLER, Plaintiff-Appellee, v. Salvador GODINEZ, Defendant-Appellant. No. 92-16670. United States Court of Appeals, Ninth Circuit. Submitted May 13, 1994. * Decided June 29, 1994. Before: GOODWIN, POOLE, and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Robert B. Butler is an inmate at Nevada's Ely State Prison. He filed this Sec. 1983 suit which alleges that prison officials, including the Warden, Salvador Godinez, violated his First and Fourteenth Amendment rights by refusing to deliver several pieces of mail to him and by providing mail rejection notices which did not comply with the due process standards set forth in Procunier v. Martinez, 416 U.S. 396, 417-19 (1974). The district court denied Godinez's motion for summary judgment. Godinez raised the defense of qualified immunity on a motion to reconsider, but the court denied this motion as well. Godinez then took this interlocutory appeal. Because…