Eddie Lee Fain v. Robert G. Borg Beckford and Pieper, Mailroom Sergeant

40 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eddie Lee FAIN, Plaintiff-Appellant, v. Robert G. BORG; Beckford; and Pieper, Mailroom Sergeant, et al. Defendants-Appellees. No. 93-15511. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Nov. 23, 1994. Before: CHOY, FARRIS, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** INTRODUCTION 2 Eddie Lee Fain, a California state prisoner, appeals pro se the district court's summary judgment in this 42 U.S.C. Sec. 1983 action, arising from the allegedly unconstitutional handling of his confidential mail. Fain also contends that the district court erred when it refused to impose sanctions on the defendants for various defects in signing and serving their pleadings. We have jurisdiction, see 28 U.S.C. Sec. 1291 , and affirm. DISCUSSION I. Summary Judgment on Section 1983 Claim 3 Section 1983 imposes two proof requirements on Fain. First, he must demonstrate that the defendants were acting…