Scott C. Smith v. Ron Van Boening

29 F.3d 634 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 C. SMITH, Plaintiff-Appellant, v. Ron VAN BOENING, et al., Defendants-Appellees. No. 94-35016. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994. * Decided July 20, 1994. Before: FARRIS, KOZINSKI and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Scott Smith, a Washington state prisoner, appeals pro se the district court's order granting defendants' motion for summary judgment in his 42 U.S.C. Sec. 1983 action. Smith contends that defendants, who are employees of the Washington State Penitentiary (WSP), violated his First and Fourteenth Amendment rights when they failed to deliver a college correspondence course application and brochures sent to him by "City University" of Bellevue, Washington. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. 3 We review de novo the district court's grant of summary judgment. Hopkins v. Andaya, 958 F.2d 881, 884 (9th Cir.1992). A grant of summary…