Thomas William Sinclair Richey v. James Spalding, Superintendent

48 F.3d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas William Sinclair RICHEY, Plaintiff-Appellant, v. James SPALDING, Superintendent; et al., Defendants-Appellees. No. 94-35213. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 22, 1995. Appeal from the United States District Court for the Eastern District of Washington; No. CV-93-00044-CI, Cynthia Imbrogno, Magistrate Judge, Presiding. E.D.Wash. VACATED AND REMANDED. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Washington state prisoner Thomas W.S. Richey appeals pro se the district court's summary judgment in favor of the defendants. Richey alleged that the defendants violated his First Amendment rights when they refused to let him receive a package containing three books sent from a retail bookstore. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we review de novo, see Nishimoto v. Federman-Bachrach & Assocs., 903 F.2d 709 ,…